Your First Family Court Hearing: What to Expect and How to Prepare
Your first family court hearing is probably weeks away and it is already occupying most of your thinking.
You are trying to work out what will happen. What you will be asked. What you should say. Whether you will make a mistake. Whether it will all be decided in one go.
Here is the truth. Your first hearing is not the final decision. In most cases it is an early, procedural hearing. But it does set the tone. The impression you make at your first hearing travels with you through the rest of your case.
This guide explains exactly what happens at a first hearing, what you should prepare, and how to present yourself in a way that serves your case. It covers England and Wales, and Northern Ireland, with distinctions where the process differs.
England and Wales: The FHDRA
In children cases in England and Wales, the first hearing is called the First Hearing Dispute Resolution Appointment, or FHDRA.
The FHDRA is not a final hearing. The judge is not making a final decision about your child's living arrangements at this stage. The purpose of the hearing is to identify what the dispute is really about, whether it can be resolved, and what needs to happen next.
Before the FHDRA, CAFCASS will have carried out initial safeguarding checks. Their safeguarding letter will be before the court. The judge will have read it.
At the FHDRA, the judge will want to understand:
- What is this case about? What are the issues in dispute between the parties?
- Has anything been agreed? Many cases have elements that both parties actually agree on, even if they disagree on other things. The judge will look to narrow the issues.
- Can this be resolved today? Some cases settle at the FHDRA, particularly where the issues are limited and a sensible proposal is on the table.
- What needs to happen before the next hearing? If the case cannot be resolved, the judge will give directions.
Northern Ireland: The First Hearing
In Northern Ireland, the structure and terminology of the first hearing differs from England and Wales.
Children proceedings in Northern Ireland are governed by the Children (Northern Ireland) Order 1995. The first hearing in the Family Proceedings Court or the Family Care Centre will be focused on identifying the issues, exploring settlement, and giving directions for the next stage of the case.
CAFCASS does not operate in Northern Ireland. If a welfare report is required, the process for ordering and preparing it differs from the CAFCASS process in England and Wales.
If you are in Northern Ireland and preparing for your first hearing, it is worth getting specific guidance on the procedure in your jurisdiction rather than relying solely on guidance written for England and Wales.
What Happens on the Day
Before the Hearing
Arrive early. The court building will have a waiting area. Check in with the usher or court staff. You may encounter the other party, or their solicitor if they are represented. You do not need to speak to them unless you choose to. If the other party is represented and their solicitor wants to discuss the case in the waiting area, you are entitled to take time to consider any proposals before the hearing starts.
If you have a McKenzie Friend, they come in with you. Inform the court usher that you have a McKenzie Friend before the hearing begins.
Inside the Courtroom
When the case is called, you go into the courtroom. You sit at the table facing the judge. If you have a McKenzie Friend, they sit beside you.
The judge opens the hearing. They will have your documents in front of them. They will also have the CAFCASS safeguarding letter, or the equivalent in Northern Ireland.
In most courts, at an early procedural hearing, you stand up to address the judge and sit down when you have finished. Watch what the other party does if they are represented and match the level of formality.
What You Will Be Asked
The judge will typically want to understand, in brief terms, what the case is about and what each party is seeking. This is not the time for your full case. The judge is not making a final decision. They are trying to understand the landscape.
Be ready to state clearly what you are asking for. Not why the other party is a bad person. What arrangement you are proposing for your child. Or, if it is a financial case, what outcome you are seeking.
The judge may also ask about what has been tried in terms of agreement or mediation. Be honest about this.
Directions
In most first hearings that do not settle, the judge will give directions. These are instructions about what happens before the next hearing. Common directions include:
- A CAFCASS welfare report. If the judge considers that an independent assessment of the child's welfare is needed, they will order this. The report takes time, typically several months from order to completion.
- Witness statements. Both parties may be directed to file written witness statements by a specified date.
- A further hearing date. The judge will list the next hearing, whether that is a directions hearing, a dispute resolution appointment, or a final hearing.
Write down every direction the judge gives. Ask for clarification if you are not sure what is being asked of you. You must comply with directions. Failing to do so has consequences.
What to Prepare Before the Hearing
Your Position Statement
For most hearings, including the FHDRA, you should file a short position statement. This is a brief document, typically one to two pages, setting out your position at this stage.
Your position statement should state:
- What you are seeking and why, tied directly to the welfare of the child.
- Whether there are any safety concerns that the court needs to be aware of.
- Whether there has been any agreement between the parties and, if so, what.
- What you consider to be the key issues for the court to resolve.
A position statement is not the place for your detailed evidence. It is a focused document for this specific hearing.
Your Documents
Organise your documents before you go. Have a clear folder with your application or response, any relevant correspondence, your position statement, anything the court has previously sent you, and any documents filed by the other party.
What You Are Going to Say
Practice saying, out loud, what you are seeking. Keep it short. Keep it focused on the child. If you find yourself drifting into the history of the relationship or the other party's behaviour, bring yourself back to the child.
The judge will form an impression of you in the first few minutes of the hearing. The parent who is calm, focused, and child-centred makes a very different impression from the parent who is visibly angry and whose opening statement is about everything the other parent has done wrong.
The Most Important Thing to Remember
Your first hearing is not the final decision. But it tells the judge something about you. How you handle pressure. How child-focused you are. Whether you are someone who is going to make this case harder or someone who is trying to find a workable resolution.
You cannot control what the other party does. You can control how you present.
Come prepared. Come calm. Come focused on your child.
How to Handle Being Represented Against
If the other party has a solicitor and you do not, you may feel at a disadvantage walking into the hearing.
You are not.
A solicitor sitting opposite you does not mean the other party's case is stronger. It means they have spent money on representation. The judge will make the decision based on the evidence and the legal test, not on who is represented.
What matters is that you understand what the judge is applying and that your case speaks to it. That is what preparation is for.
Getting Help Before Your First Hearing
A session with John before your first hearing gives you:
- A clear understanding of what the hearing is for and what will happen.
- Guidance on your position statement: what to include, what to leave out, and how to frame what you are asking for in a way that speaks to the welfare checklist.
- Preparation for what the judge will ask and how to answer it.
- An honest assessment of where you stand and what the next steps are likely to be.
If you have received a letter from the court with a hearing date or from CAFCASS about the initial checks, use the free Legal Letter Translator to understand what it means and what typically happens next. The explanation is AI-generated and is for general guidance only, not legal advice.
Pricing starts at £297 for one hour. The five-hour package at £1,297 is the most popular choice. No VAT. 30-day cancellation guarantee.
Be prepared. Be focused. Give your case the best possible start.
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