When relationships break down, it’s not always possible to sort everything out between yourselves, especially regarding children or finances. In situations like this, the Family Court in England and Wales provides a structured way to resolve disputes fairly and with the child’s welfare at the centre of everything. But what exactly are family court hearings, what do they deal with, and when might you find yourself involved in one?
Family Court hearings address a range of issues, broadly split into two categories: Private law matters and public law matters.
Private law matters usually arise when individuals — such as parents, spouses or cohabitants — can't agree between themselves.
Child Arrangements: One of the most common reasons for attending family court is to determine where a child will live and how much time they’ll spend with each parent as well as decisions such as where a child will go to school or whether they should receive particular medical treatment. These cases often arise after separation or divorce and can also cover contact arrangements with wider family members, such as grandparents.
Financial Issues: Divorce and separation don’t just affect family life — they also involve working out how to divide finances, property, and debts. When couples can't agree on how to split everything, the court can step in and make a legally binding decision.
Other Family Disputes: Not all family court matters involve parents. Sometimes other family members, like grandparents or guardians, seek permission to be involved in a child’s life, and a court hearing may be necessary.
Public law cases differ because they involve a local authority stepping in to protect a child’s welfare.
Local Authority Intervention: If social services are worried about a child's safety, perhaps because of concerns around neglect, abuse, or domestic violence, they can apply to the court to take action.
Care Orders: A care order places a child under the local authority's care, either temporarily or permanently, if it’s deemed that they cannot safely remain at home.
Emergency Protection Orders: When a child needs immediate protection, the court can issue an Emergency Protection Order to remove the child from a dangerous situation quickly.
In all these cases, the court's primary aim is to ensure the best outcome for the child, even if that means making difficult decisions.
Applications to the Family Court are generally a last resort, used when there’s no other way to resolve issues, such as mediation or arbitration. They might apply:
After an application is made: Someone must formally apply to the court for a specific order, whether that's a parent, another family member, or a local authority.
When agreements cannot be reached: Many families are encouraged to use mediation first to avoid the stress and expense of court proceedings. However, a hearing may be necessary if discussions break down or fail altogether.
When a child’s welfare is at risk: If there are serious concerns about a child's safety, for example, fears of abuse or neglect, a court hearing can be urgently arranged to make protective decisions.
Following the First Hearing Dispute Resolution Appointment (FHDRA): After an application is filed, the court often arranges an FHDRA to help parties identify the key issues and, ideally, reach an agreement without a full trial.
After fact-finding hearings: In complex cases, particularly where there are serious allegations (such as domestic violence), a fact-finding hearing may be held to determine what happened before decisions are made about the child’s future.
At final hearings: If no agreement can be reached earlier, the case goes to a final hearing, where both sides present their evidence and arguments, and the judge makes a binding decision.
Understanding some of the standard legal terms can help make the process feel less overwhelming:
First Hearing Dispute Resolution Appointment (FHDRA): This is a preliminary hearing designed to explore whether an agreement is possible and identify what issues remain.
Fact-Finding Hearing: A hearing focused solely on establishing key facts, particularly when serious allegations have been made.
Final Hearing: This is the last stage of court proceedings, during which a judge hears evidence and makes a final decision.
Child Arrangements Order: A court order deciding who a child will live with, spend time with, or otherwise have contact with.
Prohibited Steps Order: An order preventing a parent from carrying out specific actions concerning a child, such as taking the child abroad without the other parent's permission.
Emergency Protection Order: An urgent order to protect a child from immediate harm.
Supervision Order: A less intrusive order where a child stays with their family, but the local authority supervises their welfare.
Care Order: An order placing a child under the long-term care of the local authority, often after serious concerns about their well-being.
Cafcass: The Children and Family Court Advisory and Support Service – a key organisation that advises the court on what arrangements would be in the child's best interests. Cafcass officers often meet with parents and children during the court process.
First Directions Appointment (FDA): A first hearing in a Financial Remedy case when the court sets directions about what evidence is required to establish the matrimonial assets.
Financial Dispute Resolution Appointment (FDR): This is a privileged hearing meaning that the contents of discussions and indications from a Judge cannot be disclosed except in very limited and exceptional circumstances. The hearing is used for both parties to explain their positions and for a Judge to give their thoughts about what a court at a final hearing might order.
While hearings in the Family Court can feel daunting, they exist to ensure that the best and fairest decisions are made when it’s not possible to agree privately. Whether it’s about making safe and suitable arrangements for children or working through financial disputes, the court aims to support families in difficult times, always keeping the child’s welfare at the heart of every decision.
Our friendly family team are here to help and advise on family law matters, including asset sharing on divorce. For further information on all our family law services, please click here.
We offer an initial one hour fixed fee appointment with one of our friendly family solicitors for £100 + VAT. This gives you the opportunity to talk your matter through with a solicitor, get their advice and then consider your options before deciding how to progress your legal matter. Please get in touch if you feel this type of appointment would be beneficial.
The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.
