The First Hearing Dispute Resolution Appointment (FHDRA) is the first court hearing in most child arrangements cases. It is a chance for the court to identify the issues, encourage agreement where possible and give directions for the rest of the case. Understanding what an FHDRA is, what to expect and how to prepare can make a significant difference to how your case proceeds.
This guide explains what happens at an FHDRA, who attends, what the court considers and what you should do beforehand.
The FHDRA is the first court hearing after a child arrangements application is issued. It is listed by the court automatically once the application has been processed.
The hearing is short, usually lasting 30 to 60 minutes, and is conducted by a magistrate, lay justices with a legal adviser or a District Judge depending on the complexity of the case.
The aim of the FHDRA is twofold:
Several people typically attend:
Both parents (or other applicants) are expected to attend in person or by video link.
If either party is represented by a solicitor or barrister, they will attend.
A CAFCASS family court adviser is usually present at the hearing. CAFCASS will already have carried out an initial safeguarding check before the hearing and will have a view to share with the court.
The judicial officer who will conduct the hearing.
Several things happen before the FHDRA:
CAFCASS carries out an initial safeguarding enquiry, which usually includes:
The results are summarised in a safeguarding letter sent to the court before the hearing.
The applicant should have attended a Mediation Information and Assessment Meeting (MIAM) before issuing the application, unless an exemption applies. The MIAM certificate confirms this has been done.
The respondent will have received a copy of the application and is expected to file a brief response.
At the hearing, the court will typically:
The court will also consider whether the parties can reach agreement, possibly with CAFCASS help, at or after the hearing.
If the parties agree on the substantive issues, the court can make a final child arrangements order at the FHDRA. This is the best outcome where it is possible.
If the case cannot be resolved fully, the court may make an interim order setting out contact arrangements until the next hearing.
If the court needs more information, it can order CAFCASS or the local authority to prepare a Section 7 report. This is a detailed welfare assessment that takes 12 to 16 weeks.
If there are disputed allegations (typically of abuse or coercive control) that the court needs to decide, it may list a fact-finding hearing.
The court will usually give directions about future evidence, the next hearing and any interim matters.
Most parties file a brief position statement before the hearing. This is a 2 to 4 page document setting out:
You will receive a copy of the CAFCASS safeguarding letter before the hearing. Read it carefully and be prepared to respond to anything in it.
The court will want to know what you are asking for. Be prepared to articulate the arrangements you want and why they are in the children's best interests.
The court will look favourably on parties who engage constructively. If the other parent makes a reasonable proposal, consider it carefully. If you can agree, you can save months of further proceedings.
The court's overriding concern is the welfare of the children. It will consider:
This is the welfare checklist set out in the Children Act 1989. Every decision the court makes about children is filtered through these factors.
The hearing is short. If you are not ready to articulate your position clearly, the court will move on without hearing from you fully.
The hearing is not the place to attack the other parent. Focus on the children's needs and the arrangements you propose.
The FHDRA is the start of the process, not the end. Do not expect the court to make detailed findings or final orders unless the parties agree.
The CAFCASS officer can play an important role. Treat them respectfully and engage with their suggestions.
Parties who refuse all compromise often find the court less sympathetic. Consider what you can agree, even if you cannot agree everything.
FHDRAs are short but important. The directions given at the FHDRA shape the rest of the case. Having a barrister attend with you, or at least review your position statement and brief you on what to expect, can be a worthwhile investment.
A direct access barrister can advise on the issues, prepare your position statement and attend the hearing on a fixed fee.
Direct access means you can instruct a specialist barrister without going through a solicitor first. This is often faster and significantly more cost-effective, particularly where the case is already part way through. Send us a short outline of your case and our team will respond the same working day.