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 courts in England and Wales provide 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? Let’s take a closer look.

What Do Family Court Hearings Cover?

Family court hearings address a range of issues, broadly split into two categories: private law matters (between individuals) and public law matters (when local authorities are involved). This article looks at private law matters.

Private Law Matters

Private law matters usually arise when individuals — often parents — 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. 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.

When Do Family Court Hearings Apply?

Private law family court hearings are generally a last resort, used when there’s no other way to resolve issues. They might apply:

• After an application is made: Someone must formally apply to the court for a specific order, whether that's a parent, or another family member.
• 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.
• In an emergency, 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.

Key Terms You Might Encounter

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.
• 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.

Final Thoughts

While family court hearings 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.

Need Advice About a Family Court Hearing?

If you’re facing a family court hearing or need advice on your situation, having the right support is essential. Contact your solicitor today to find out how we can assist you.