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First Hearing Dispute Resolution Appointment

Do you know what a First Hearing Dispute Resolution Appointment (FHDRA) is, how it will work, and what to expect?

What is a FHDRA?

This is usually the first hearing within proceedings which have been brought in the Family Court under the Children Act 1989. Proceedings may have been brought for a Child Arrangements Order, a Prohibited Steps Order and/or a Specific Issue Order.

A FHDRA would normally take place between four-six weeks following the issuing of the application form C100.

The purpose of the hearing is to assist the court to identify the issues and decide how best to progress the application that has been made. If the application is for contact, interim contact may be reviewed at the hearing, but interim orders are not always made and a separate hearing may need to be considered.

On an application for a Child Arrangements Order, (not necessarily for a Prohibited Steps Order or Specific Issue Order), the Children and Family Court Advisor and Support Service (CAFCASS) identifies any safety issues by carrying out safeguarding enquiries. At least three working days before the FHDRA, CAFCASs must report to the court in a safeguarding letter.

How do CAFCASS do safeguarding checks?

The purpose of safeguarding checks is to assess safety/risk of harm to children. CAFCASS make enquiries about the adult parties named in the application. They make police national computer (PNC) checks at level one and then decide, based on the results, if enhanced police checks are needed. They also check with the local authority if the family is known to them.

A CAFCASS officer then telephones all parties to conduct risk identification telephone interviews, and if risks of harm are identified they may invite parties to meet separately with the CAFCASS officer before the FHDRA to clarify any safety issue.

CAFCASS then put all of the relevant information into a safeguarding letter which is sent to the court and all parties. This safeguarding letter will contain CAFCASS’ recommendations to the court as to how the case should be progressed, and highlight any issues and/or concerns which have been brought to their attention with regard to the children’s safety and welfare.

The safeguarding letter is required before the court will hear the case.

Learn more about the role of CAFCASS.

What to expect at a FHDRA?

Both parties must attend the hearing, and at some courts CAFCASS attend the hearing. You are typically expected to attend the court at least an hour before the hearing is due to take place to engage in discussions in an attempt to resolve some of the issues that are in dispute. The court will usually allocate around an hour for the hearing itself.

A FHDRA could take place in front of a judge, magistrates, or the magistrates’ legal advisor. They will hear the parties’ legal representatives make submissions as to the issues in dispute, and they will then make decisions as to the further steps that are required to progress matters.

The court will address whether further information is needed for them to be able to make a decision in the case. The court may give directions for police evidence, statements from the parties, or order a more detailed report from CAFCASS which is known as a “Section 7 report”. The court can also decide whether to appoint a children’s guardian.

If issues of domestic abuse are raised, the court must follow the guidance set out in the Family Procedure Results Practice Direction 12J. If either domestic or child abuse are alleged, a separate Finding of Fact hearing may then be necessary.

The parties are quite often directed by the court to attend a CAFCASS course called Planning Together for Children; this was formerly the Separated Parents Information Programme (SPIP). This is a course that combines e-learning, group work and online support for parents involved in private family court proceedings.

In summary – a lot can happen at a FHDRA. Make sure that you are prepared and have taken legal advice in advance.

What happens after a FHDRA?

You may be encouraged by the judge (or magistrates) to come to an agreement at the FHDRA. However, this may not be possible.

If an agreement to conclude matters is not reached at the FHDRA, then the parties will proceed with the directions set by the court and must comply with them. The judge (or magistrates) have discretion as to how they case-manage cases and, depending on the issues, the case may be listed for a Finding of Fact hearing, a Dispute Resolution Hearing (DRA) or a Final Hearing.

See our flowchart documenting the process.

Do you need advice about how to prepare for a FHDRA? Our expert family law solicitors can help.