What is FHDRA? What happens at your first hearing

If you have made or received an application about arrangements for a child, you may be told that your first hearing is an FHDRA.

FHDRA stands for First Hearing Dispute Resolution Appointment. It is commonly the first hearing in private children proceedings, although the precise arrangements can vary from case to case.

The name can make the hearing sound more complicated than it is. In broad terms, the FHDRA is an early opportunity for the court to understand what the dispute is about, consider any immediate issues affecting the child and see whether some or all of the disagreement can be resolved. (Cafcass)

What is the purpose of an FHDRA?

An FHDRA is not simply a hearing where the judge decides who is “right”.

The court is concerned with identifying the issues that actually need to be decided and determining what should happen next.

Depending on the circumstances, the court may consider whether an agreement can be reached, whether Cafcass needs to become involved, whether further information or evidence is required, and what directions should be made for the next stage of the case. (Cafcass)

The court may also consider whether the case can be resolved without needing a full contested hearing.

What is Cafcass?

Cafcass stands for the Children and Family Court Advisory and Support Service.

In private children cases, Cafcass may carry out safeguarding checks and provide information to the court. Depending on the circumstances, a Family Court Adviser (FCA) may become involved.

An FCA is a Cafcass professional who works with families involved in family court proceedings. In some cases, the court may later ask Cafcass to prepare a Section 7 report.

A Section 7 report is a report to the court about a child's welfare and the issues the court has asked Cafcass to consider. (Cafcass)

Not every case will require a Section 7 report.

What might happen before the hearing?

Before an FHDRA, the court and Cafcass may already have information about the application.

If you made a C100 application, the application itself sets out what type of order you are asking the court to make. If allegations of harm or domestic abuse are relevant, a C1A may also form part of the information provided to the court.

Cafcass may carry out safeguarding checks and provide information to the court before the first hearing.

The exact documents you need to prepare will depend on the directions and circumstances of your case.

What happens when you arrive?

Your hearing may be held in person, remotely or using another arrangement directed by the court.

There may be other people involved in the case, including the other parent, their legal representative, a Cafcass Family Court Adviser and court staff.

You may have to wait before your case is called. Family court lists can contain several cases, and the time shown on your notice does not necessarily mean that you will immediately be speaking to the judge at that exact minute.

Court staff can usually help with basic practical questions about where you need to go.

What will the judge or magistrates want to know?

There is no single script for an FHDRA.

The court will generally need to understand the important issues in dispute and what each party is asking the court to do.

The court may consider matters such as:

• the current arrangements for the child;
• what arrangements each party is proposing;
• any issues affecting the child's welfare;
• whether there are allegations of harm or domestic abuse;
• what information the court needs before making decisions;
• whether an agreement is possible; and
• what should happen next.

The court's approach will depend on the circumstances of the case.

Can the case be resolved at the FHDRA?

Sometimes.

The FHDRA is intended to provide an opportunity for dispute resolution, but that does not mean every case will settle at the first hearing.

If agreement cannot be reached, the court can make directions for the case to continue. This might involve further evidence, involvement from Cafcass, a Section 7 report or another hearing.

The court's Child Arrangements Programme says that proceedings should be managed so that disputes concerning children are resolved as soon as safely possible, taking the child's welfare into account. (GOV.UK Justice)

What if there are allegations of domestic abuse or harm?

This can affect how the case is managed.

The family court has specific guidance dealing with allegations of domestic abuse and other harm in child arrangements proceedings. The court may need to consider safety and risk before deciding what arrangements should be made.

The presence of allegations does not by itself determine what the court will ultimately decide. The court will consider the circumstances and evidence in accordance with the applicable rules and directions. (GOV.UK Justice)

What happens after the FHDRA?

The next step depends on what happened at the hearing.

The court may make an order recording an agreement, give directions for further evidence, ask Cafcass to undertake further work, list another hearing, or take another step appropriate to the case.

The court should normally explain what has been decided and what needs to happen next. A written court order will be important because it records the formal directions or decisions made by the court.

It is worth reading the order carefully once it is available rather than relying only on your memory of what was said during the hearing.

An FHDRA is therefore best understood as an early case-management and dispute-resolution stage. It is an opportunity for the court to understand the case, address immediate issues and work out the safest and most appropriate route forward.