First Hearing and Dispute Resolution Appointment

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Contents

What is a First Hearing and Dispute Resolution Appointment?

What is CAFCASS?

How should I prepare for a First Hearing and Dispute Resolution Appointment?

What happens at a First Hearing and Dispute Resolution Appointment (FHDRA)?

What type of evidence may be called for, for a future hearing?

Support

What is a First Hearing and Dispute Resolution Appointment? <Back to Top>

A First Hearing and Dispute Resolution Appointment (FHDRA) is the first court hearing after an application has been made to court in private family law. It is held to assist the court in identifying issues between the parties at an early stage and to see if it is possible for the parties to reach an agreement. A CAFCASS Officer should also be present.

What is CAFCASS?

CAFCASS is an organisation which looks after the welfare of children involved in Family Law proceedings. A CAFCASS Officer (also called Family Reporter or Family Court Advisor) is trained in social work but independent from Social Services. They carry out a number of different duties including investigations into family circumstances and make recommendations to the Court [see also our guide on CAFCASS]. They may also seek to assist the family if ordered to do so by the court [see also our guide on Family Assistance Orders].

How should I prepare for a FHDRA?

While there can be exceptions, the court now expects parents to attempt mediation prior to applying to court. Please refer to our guide on Mediation for further information.

We have other guides on applying to court, and these can be found in our Family Law Menu. These guides run you through what forms you need to complete, and how to apply to the court. Whether you are the Applicant (person applying to court) or the Respondent (the other party), the following suggestions will help you:

· If you do not have a solicitor, we recommend you write a Position Statement. A position statement is a useful document which is not obligatory (unless ordered by the court) but is useful in that it gives the court a brief outline of your position in advance of the hearing. For yourself, it ensures there is a written record of your ‘position’ at that time, so points don’t get forgotten in the stress of proceedings. A position statement may help bring a case to an early conclusion if the other party accepts your position. It can be used to give you a brief plan of what you want to achieve at the hearing. As the name implies, it is a written statement setting out your ‘position’, which at a FHDRA should briefly setting out what it is you want the court to do, and why. At later hearings, position statements can also be useful to give both the court and the other party to proceedings pre-warning of any change in your ‘position’ (e.g. what you want to happen).

To assist you, we have a guide to Writing a Position Statement and also a Template for a Position Statement (in a Microsoft Word format).

· Post or deliver a copy of your position statement to the court and the other party (or their solicitor if they are represented) to arrive with them two days before the hearing date. Also take three copies with you to court, in the event either the court or the other party have not received theirs. The third copy is for you on the day.

· Put a file together, including a copy of the application form, a copy of any court order which have previously been made, three copies of your position statement, any written evidence which you want to rely on (although the court must grant permission if you want to refer the judge/magistrates to written information and the FHDRA isn’t intended to examine evidence, but to see if parties can agree, and if not, decide on what evidence should be submitted for further hearings). Have this ready on the morning, the day before your hearing so you’re not stressed the night before.

· Prior to the hearing date, check where the court is, and if you’re using public transport, ensure you know the timetables. If travelling by car, check where there is local parking, how much it is, and ensure you have plenty of change.

· Get a good night’s sleep if you can, the night before the hearing.

· I recommend arriving an hour before the hearing time and if necessary going to a local café for a cup of tea or coffee. There is nothing worse than stressing in traffic, or if a train or bus is delayed. If you are going to have a solicitor represent you or have the support of a McKenzie Friend, you may wish to meet them early, before the hearing. If meeting them in court, there are often private rooms where you can discuss your case.

· If you do not have a solicitor, when you arrive at court, find the usher and tell them that you have arrived. Double check with the Usher the time the hearing starts, and which court room the hearing will be in.

· If you are using a solicitor, or if the other party is, they may suggest you talk before the hearing to see if any matters can be agreed beforehand. A McKenzie Friend may also assist with this if you want them to, however if the other party does not wish to talk before you go into court, respect their wishes.

· Make sure your mobile phone is turned off before you go into the court room.

We also have a guide Tips When Attending Court which we recommend you read.

Be prepared for the possibility that you will be at court all day. You might find your hearing is delayed. You might find the judge asking that you meet with CAFCASS outside of the court room to see if an agreement can be reached. Fill the parking metre, and ensure you have a contingency plan in place to have someone else look after the children if they are currently in your care, and you are delayed.

When deciding what to say in court, or in your position statement, consider the practicalities for any arrangements for the children that you want the court to make. Make sure any arrangements consider the children’s welfare, are realistic, and are in the children’s best interests. We also recommend you also consider the children’s needs in respect of their relationship with the other parent. The more reasonable you are, the more likely the other party is to be reasonable, and the court will likely approve if they see you to be fair and child focused. The court expects you to be focused on your children’s needs, so try to avoid criticism of the other party unless their behaviour or actions genuinely present a risk to the children. Someone may have been a lousy partner, but still be a loving parent. There is a wealth of research that supports that children fair best when both parents play a significant role in their lives, and also research which shows that children face harm when one parent’s role in their life is diminished. You can read some of that research here.

What happens at a FHDRA?

The judge (or magistrates) and the CAFCASS Officer will attempt to assist the parties to reach agreement. Sometimes, there will be a mediator in the court building who might also assist the parties, and if the parties have not yet attempted mediation, the court may order that they do so before court proceedings commence.

If the parties can reach agreement at the FHDRA, a final order may be made setting out the details of the agreement, if the court deems it to be in the children’s best interests.

If the parties cannot reach agreement, the court will seek to determine the areas where they disagree, and the reasons why. The court will then consider what evidence and/or may be required to assist a judge or magistrates at a future hearing to decide on what is in the children’s best interests.

If the case concerns contact and/or residence, and serious allegations are made, the judge may decide not to permit contact while matters are investigated. This does not mean that the court considers you to be guilty. The judge/magistrates and CAFCASS may propose that contact be supervised and/or at a contact centre while matters are investigated. You too might suggest this in these circumstances. If there are no serious concerns, the court may order that there be contact immediately pending a final order at a future hearing (after any investigations are carried out, and evidence is submitted and heard). Do not panic if allegations are made, as sadly, this is quite common, and the court has to determine whether the allegations are genuine, spurious, or simply due to one party’s anxiety. Instead, concentrate on putting together the evidence to support you.

What type of evidence may be called for, for a future hearing?

The types of evidence most commonly called for are:

· Statements from the parties: The court is likely to order that the parents write a statement setting out their respective positions and including details of any evidence upon which they seek to rely. The statements may include any concerns that the parties have, and what orders they wish the court to make (e.g. Residence, Shared Residence, Contact etc). These statements should also include their own proposals for the children.

Sometimes, the court will order that the applicant (the party applying for a court order) writes their statement first, and the respondent (the other party or parent) is directed to provide a statement in response. At other times both parties may be directed to write and mutually exchange statements prior to the next hearing to consider what they want to happen [you might find it helpful to refer to our guide on Writing a Statement for Court, and download our Template for a Statement which is in a Microsoft Word format].

· A CAFCASS Report: CAFCASS may be instructed to meet with the children to determine their wishes and feelings. Where concerns are raised by either party as to the children’s welfare, CAFCASS may be directed to investigate these concerns, meeting with both the parents and children. Meetings are normally at the parents’ homes and/or at CAFCASS’s offices. Depending on the allegations made, CAFCASS may be asked to meet with third parties, other family members or organisations which are or have been involved with the family.

Other evidence will depend on the specifics of the case. These may include psychological evaluations, medical reports, drug tests etc. If you wish to submit any specific evidence, or call witnesses in support of your position at a future hearing, ensure you ask the judge’s permission and that directions are made permitting this.

What happens after the FHDRA?

If the parties reach an agreement, the court may decide to formally record this agreement in a court order which sets out the arrangements for the children.

If the parties cannot reach an agreement, a further hearing date will be set, and the judge/magistrates will provide a written copy of their decision as to the next course of action. These are called ‘Directions’ and are likely to ask the parties to write a statement, may ask for a CAFCASS investigation and report etc. If CAFCASS are to write a report, the next hearing date is likely to be listed for two weeks after their report is prepared. The court may decide to make a temporary order (also called an interim order) which may last until the next hearing or beyond.

If you are to meet with a CAFCASS Officer after the First Hearing and Dispute Resolution Hearing, you may wish to read Tips for Assessment Interviews.

Support <Back to Top>

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