A First Hearing Dispute Resolution Appointment (FHDRA) is the first court hearing in private law proceedings about a child in England and Wales, held after an application on Form C100 for a child arrangements, prohibited steps or specific issue order. Practice Direction 12B, the Child Arrangements Programme, provides that it “should ordinarily take place in week 5 following the issuing of the application; at the latest it will take place in week 6”.[1] A First Hearing Dispute Resolution Appointment’s purpose is conciliation and case management rather than the hearing of evidence: the judge or magistrates, “working with the Cafcass Officer”, seek to help the parties to agree, and where they cannot, identify the issues and give directions for the rest of the case.[1]
Both parties must attend, and a Cafcass officer (or, in Wales, a Welsh family proceedings officer) attends and speaks separately to each party before the hearing where practicable.[1][2] The court has before it the C100, any Form C1A, the respondent’s answer and the Cafcass safeguarding letter, and no other evidence is filed before the FHDRA unless the court has directed it.[1] Where agreement is reached and safeguarding checks raise no concern, the court can make a final order at this hearing; where it is not, the usual next steps are a section 7 welfare report, a fact-finding hearing where disputed allegations of domestic abuse need to be decided, and a Dispute Resolution Appointment.[1][3] The hearing is not privileged: what is said at it may be referred to at later hearings.[1]
Definition and purpose
The FHDRA is the first of the hearings prescribed by the Child Arrangements Programme for a dispute between separated parents or family members about a child. Practice Direction 12B describes it as “an opportunity for the parties to be helped to an understanding of the issues which divide them, and to reach agreement”, and states that where agreement is reached “the Court will be able to make an order (which in many cases will be a final order) reflecting that agreement”.[1] The name reflects the two things the hearing does: it is the first hearing, at which the court takes control of the case, and it is a dispute resolution appointment, at which a structured attempt is made to settle it.
Three features distinguish it from later hearings. First, it is conciliatory: paragraph 14.13 requires that “there will be, at every FHDRA, a period in which the Cafcass Officer, or WFPO, will seek to conciliate and explore with the parties the resolution of all or some of the issues between them if safe to do so”.[1] Second, it is not privileged, unlike mediation: “what is said at the FHDRA may be referred to at later court hearings”.[1] Third, it is not an evidential hearing. No witness statements are filed beforehand unless the court directs otherwise, and the court does not decide contested facts at it.[1] HM Courts and Tribunals Service guidance for parents states that “the purpose of the first hearing is to establish what the issues are in your case and look at what can be done to settle them”.[4]
The FHDRA is the standard model outside the Child Focused Courts areas. In those areas, formerly the Pathfinder pilot, the first hearing follows a Child Impact Report prepared by Cafcass, Cafcass Cymru or the local authority before the court sits, and the programme in Practice Direction 12B is replaced by an investigative approach; see History.[5]
Legal basis
Rule 12.31 of the Family Procedure Rules 2010 provides that “the court may set a date for the First Hearing Dispute Resolution Appointment after the proceedings have been issued” and that the court officer gives notice of the date to the parties.[6] The content and conduct of the hearing are set out not in the rule but in paragraph 14 of Practice Direction 12B, which runs from 14.1 (timing) to 14.13 (the matters the court considers).[1] Rule 12.32 requires the respondent to file and serve an answer “within 14 days beginning with the date on which the application is served”, on Form C7, and rule 12.14 governs attendance.[7][2]
Practice Direction 12J applies to every FHDRA. Paragraph 5 requires the court, “at all stages of the proceedings, and specifically at the First Hearing Dispute Resolution Appointment”, to consider whether domestic abuse is raised as an issue, to identify the factual issues, to consider their relevance to the orders sought, and to give directions for them to be tried.[3] The welfare principles in section 1 of the Children Act 1989 apply to any order made at the hearing, including a consent order, and section 1(2) requires the court to have regard to the principle that delay is likely to prejudice the child’s welfare.[8][1]
Before the hearing
Between issue and the FHDRA three things happen. The court serves the application and notice of hearing on the respondent, who should have at least 14 days’ notice where practicable and must file an answer on Form C7 (with a C1A if alleging harm) within 14 days of service.[1][7] Cafcass carries out safeguarding enquiries with the police and local authority, conducts a telephone risk-identification interview with each party, and files a safeguarding letter within 17 working days of receiving the application and at least three working days before the hearing.[1][9] The parties may not file any other evidence before the FHDRA unless it supports a without-notice application, was directed on issue, or is needed for an interim application.[1]
The safeguarding letter is the most important document at the hearing. Cafcass describes it as beginning “by providing details of the current arrangements for children”, then setting out “the results of the safeguarding checks, including those from the police and local authorities” and “what was discussed in the telephone interviews with both parties”, and concluding “with an analysis and advice from the FCA about whether there are any concerns about the child’s welfare”.[9] In 2024-25 Cafcass filed the letter an average of 4.1 weeks after receiving the application.[10] Paragraph 14.13 requires the court to inform the parties of its content, if Cafcass has not already sent it to them, “unless it considers that to do so would create a risk of harm to a party or the child”.[1]
Position statements are not required by Practice Direction 12B for an FHDRA, and Practice Direction 27A (court bundles) leaves the preparation of a bundle to the represented applicant or respondent; where all parties are litigants in person the court may direct HMCTS to prepare an e-bundle.[11] Many courts nonetheless welcome a short position statement, which under Practice Direction 27A should be “concise and not exceed 3 pages” in children proceedings, filed by 11am on the working day before the hearing.[11] Where a Parenting Plan has been prepared it should be attached to the C100.[1]
Who attends
Paragraph 14.4 provides that “unless the court otherwise directs, any party to proceedings, and any litigation friend of the parties must attend this (and any other) hearing”, and rule 12.14 allows the court to proceed in a party’s absence where the respondent has had reasonable notice, or to refuse the application where the applicant does not attend.[1][2] The child does not attend. A party may be accompanied by a McKenzie Friend, whom paragraph 14.5 describes as providing support, taking notes and quietly advising on the conduct of the case, subject to the Practice Guidance on McKenzie Friends.[1]
A Cafcass officer or Welsh family proceedings officer “shall attend this hearing” and “shall, where practicable, speak separately to each party at court before the hearing”, particularly where a telephone risk-identification interview has not been possible.[1] The hearing is heard by lay magistrates sitting with a legal adviser, or by a district judge, according to the allocation made at gatekeeping; more complex cases are allocated to a circuit judge. Practice Direction 12B states that “continuity of judicial involvement in the conduct of proceedings from the FHDRA to the making of a final order should be the objective in all cases”.[1] Under the Family Court’s reporting rules an accredited journalist or legal blogger may attend; see transparency in the Family Court.
What happens on the day
A typical FHDRA has four stages. On arrival, the Cafcass officer speaks to each party separately, checks whether anything has changed since the safeguarding letter and explores whether any issues can be agreed.[1] The parties (or their representatives) may then negotiate outside court, with the officer moving between them. The case is called on and the judge or magistrates hear briefly from each side, from the Cafcass officer, and consider the checklist of matters in paragraph 14.13.[1] Finally, an order is drawn recording any agreement and the directions given; “the judge will, as far as possible, provide a copy of the order to both parties before they leave the courtroom”.[1]
HMCTS guidance describes the hearing as taking place informally, often in a small room rather than a large courtroom, with the judge or magistrates addressed as “sir” or “madam”, and advises parties to arrive at least 30 minutes early.[4] The Cafcass officer’s role at court is advisory: the officer tells the court what the safeguarding checks showed and whether Cafcass considers further involvement is needed, and can recommend that “there is no further role for Cafcass, for example where parents are now able to reach agreement by themselves”.[9] Where the officer’s advice is that a welfare report is required, the court decides whether to order one and on what issues.[1]
Paragraph 14.12 requires the court to have the safeguarding information and any C1A before it “to ensure that any agreement between the parties, or any dispute resolution process selected, is in the interests of the child and safe for all concerned”.[1] Practice Direction 12J adds that where domestic abuse is raised, no order should be made by consent unless the safeguarding checks are available and the Cafcass officer has spoken to the parties separately, and that the court should consider special measures such as separate waiting areas and screens.[3] The hearing is usually listed for between 30 minutes and an hour, though parties are commonly at court for half a day because several cases are listed together and time is needed for conciliation.
A practical account of the hearing from an applicant’s point of view, including what to bring and how the day is likely to run, is published at C100Form.co.uk, an information site operated by Family Legal Ltd, the publisher of this wiki.
Matters the court considers
Paragraph 14.13 of Practice Direction 12B lists the matters the court works through at every FHDRA. They are summarised in the table below.[1]
| Heading in PD12B 14.13 | What the court does |
|---|---|
| Safeguarding | Informs the parties of the safeguarding letter unless doing so would create a risk of harm; considers the nature and extent of any factual issues and whether a fact-finding hearing is needed; applies Practice Direction 12J[1][3] |
| MIAM | Checks that any claimed MIAM exemption was validly claimed, asks whether the respondent attended a MIAM, and if the exemption was not valid directs attendance and adjourns if necessary, unless the requirement should not apply in all the circumstances[1] |
| Mediation and dispute resolution | Considers “whether, and the extent to which, the parties can safely resolve some or all of the issues with the assistance of the Cafcass Officer, WFPO, or a mediator”; suitability of mediation, collaborative law, a Parenting Plan or Planning Together for Children[1][12] |
| Consent orders | “No order will be made without scrutiny by the court”; where safeguarding checks are outstanding a final order may be deferred for no longer than 28 days and then made without attendance if the information is satisfactory[1] |
| Reports | Whether a section 7 report is needed; “welfare reports will generally only be ordered in cases where there is a dispute as to with whom the child should live, spend time, or otherwise have contact with”, or where the child’s wishes are disputed, risk is alleged or information is otherwise needed; the order must state the specific issues to be addressed[1][13] |
| Wishes and feelings of the child | Whether the child is aware of the proceedings, how their wishes and feelings will be ascertained, how they are to be involved, and who will tell them the outcome; “children and young people should be at the centre of all proceedings”[1] |
| Case management | Identifies agreed issues and key disputes; decides whether a fact-finding hearing is needed; considers interim orders; gives directions for statements and reports; decides whether to list a Dispute Resolution Appointment (“it is envisaged that most cases will be so listed”) or go straight to a final hearing; considers judicial continuity[1] |
| Allocation | Confirms the allocation made at gatekeeping and explains any transfer or re-allocation[1] |
| Order | Records the next hearing date, whether the report author must attend, and the other prescribed matters; the judge explains the order to the parties before they leave[1] |
The decision whether a fact-finding hearing is necessary is the one most often examined on appeal. The Court of Appeal in Re H-N [2021] EWCA Civ 448 confirmed that “not every case requires a fact-finding hearing even where domestic abuse is alleged”, and in K v K [2022] EWCA Civ 468 criticised an FHDRA at which fact-finding had been ordered on the strength of the safeguarding letter without first identifying what the welfare issues between the parents actually were, holding that “fact-finding is only needed if the alleged abuse is likely to be relevant to what the court is being asked to decide”.[14][15] The same judgment held that the MIAM requirement “must be enforced” where an exemption has been claimed without justification.[15] See fact-finding hearing.
Possible outcomes
An FHDRA ends in one of a small number of ways: a final order by consent, where the parties agree and safeguarding checks raise no concern; an interim order and directions, where some arrangements can safely be put in place while the case continues; an adjournment for a MIAM, mediation or Planning Together for Children; directions for a section 7 report and a Dispute Resolution Appointment; directions for a fact-finding hearing under Practice Direction 12J; or, less often, listing straight for a final hearing.[1][3] The court may also make a child a party and appoint a children’s guardian under rule 16.4, a step Cafcass says “will only be taken when there are significant unresolved difficulties”.[1][16]
| Outcome | When it is used | What happens next |
|---|---|---|
| Final order by consent | Agreement on all issues and no safeguarding concern; the court must still scrutinise the order[1] | Proceedings end; the order can later be varied on a new C100 or enforced on Form C79 |
| Final order deferred | Agreement reached but safeguarding checks outstanding[1] | Deferred for no more than 28 days; made without attendance if the information is satisfactory |
| Interim child arrangements order and directions | Some arrangements can safely operate now; interim orders should not be made without safeguarding checks unless needed to protect the child[1][3] | Arrangements run pending the next hearing |
| Adjournment for non-court dispute resolution | MIAM exemption invalid, or mediation or Planning Together for Children likely to help[1][12] | Case returns to court if not resolved; see FPR Part 3 |
| Section 7 report ordered | Dispute about where the child lives or time spent, disputed wishes, or alleged risk[1][13] | Report filed, then a Dispute Resolution Appointment |
| Fact-finding hearing listed | Disputed allegations of domestic abuse that are relevant to the outcome[3][14] | Schedule of allegations, statements and police disclosure directed; findings then inform any section 7 report |
| Section 37 direction | It appears that a care or supervision order may be appropriate[17] | Local authority investigates and reports within eight weeks; see section 7 report |
| Listed for final hearing | Issues narrow and no report needed[1] | Statements and bundle directed; see final hearing |
After the FHDRA
Whatever the outcome, the order made at the FHDRA is the timetable for the case. Paragraph 15 of Practice Direction 12B requires the court to timetable the proceedings “so that the dispute can be resolved as soon as safe and possible in the interests of the child”, having regard to significant events in the child’s life such as birthdays, the start of school and changes of term, and provides that cases “should not be adjourned for a review (or reviews) of contact” unless a further hearing is necessary and for a clear purpose.[1] Where a section 7 report is ordered Cafcass states that the case “is then listed for a Dispute Resolution Hearing” at which the parties are encouraged to resolve or narrow the remaining issues, and otherwise for a final hearing at which “the court will make the final decision on the disputed issues”.[18]
The FHDRA order will often contain activity directions, for example attendance at Planning Together for Children, the Cafcass course that replaced the Separated Parents Information Programme in 2023 and which combines e-learning, a group workshop and an online parenting plan.[12] It may also record the parties’ agreement to try mediation, in which case the court’s powers to adjourn for that purpose under Part 3 of the Family Procedure Rules apply.[1]
Statistics
The Ministry of Justice does not publish a count of FHDRAs. The closest measures are the number of private law cases started, which was 15,534 in January to March 2026, up 16 per cent on the same quarter of 2025, and the proportion of cases resolved within 26 weeks, which was 52 per cent, up seven percentage points.[19] Average time from application to final order was 35 weeks, down five weeks.[19] In 49 per cent of disposals neither party was legally represented, which is why the FHDRA is, for most parents, their first experience of a court hearing conducted without a lawyer.[19]
Cafcass received 39,182 new private law cases involving 59,471 children in 2024-25, and 18,187 requests for section 7 reports including 5,116 addendum reports, a fall of 9.1 per cent on the previous year; each of those requests was made at or after a first hearing.[10] The proportion of cases that end at the FHDRA is not published nationally, though Practice Direction 12B’s expectation that a final order will be made there “in many cases” reflects the experience of the courts.[1]
History
| Date | Development |
|---|---|
| 22 April 2014 | The Child Arrangements Programme replaced the Private Law Programme as Practice Direction 12B on the creation of the single Family Court; the FHDRA timing of week 5 to 6 dates from this version[1] |
| 30 March 2021 | Re H-N: guidance on when fact-finding is necessary and on the FHDRA’s role in identifying the issues[14] |
| 8 April 2022 | K v K: the Court of Appeal criticised the ordering of fact-finding at an FHDRA without identifying the welfare issues, and held that the MIAM requirement must be enforced[15] |
| February 2022 onwards | The Pathfinder pilot, now Child Focused Courts, replaced the FHDRA in pilot areas with a first hearing informed by a Child Impact Report; ten areas were live by March 2026 with eight more announced for 2026-27[5] |
| 29 March 2023 | Planning Together for Children replaced the Separated Parents Information Programme as the course most often directed at an FHDRA[12] |
See also
- Form C100 – the application that leads to an FHDRA
- Cafcass – the safeguarding letter and the officer at court
- Section 7 report
- Fact-finding hearing
- Dispute Resolution Appointment – the usual next hearing
- Final hearing
- Position statement
- Litigant in person
- Non-court dispute resolution and FPR Part 3
- MIAM exemptions – checked by the court at the FHDRA
- McKenzie Friend
- Child arrangements order
References
- Practice Direction 12B: Child Arrangements Programme. Ministry of Justice. Accessed 5 September 2026.
- Family Procedure Rules 2010, rule 12.14: Attendance at hearings. legislation.gov.uk. Accessed 5 September 2026.
- Practice Direction 12J: Child arrangements and contact orders: domestic abuse and harm. Ministry of Justice. version of 28 April 2024. Accessed 5 September 2026.
- Guide for separated parents: children and the family courts (CB7). HM Courts and Tribunals Service. updated 9 October 2024. Accessed 5 September 2026.
- Judges welcome roll-out of Child Focused Courts. Courts and Tribunals Judiciary. 17 March 2026. Accessed 5 September 2026.
- Family Procedure Rules 2010, rule 12.31: First Hearing Dispute Resolution Appointment. legislation.gov.uk. Accessed 5 September 2026.
- Family Procedure Rules 2010, rule 12.32: Answer to application in private law proceedings. legislation.gov.uk. Accessed 5 September 2026.
- Children Act 1989, section 1: Welfare of the child. legislation.gov.uk. Accessed 5 September 2026.
- A Family Court Adviser gives safeguarding advice to court (the safeguarding letter). Cafcass. Accessed 5 September 2026.
- Cafcass Annual Report and Accounts 2024-25. Cafcass. published 11 December 2025. Accessed 5 September 2026.
- Practice Direction 27A: Family proceedings: court bundles. Ministry of Justice. version in force 2 March 2026. Accessed 5 September 2026.
- Cafcass launches Planning Together for Children on behalf of the Ministry of Justice. Cafcass. 2023. Accessed 5 September 2026.
- Children Act 1989, section 7: Welfare reports. legislation.gov.uk. Accessed 5 September 2026.
- Re H-N and Others (Children) (Domestic Abuse: Finding of Fact Hearings) [2021] EWCA Civ 448. Find Case Law, The National Archives. 30 March 2021. Accessed 5 September 2026.
- K v K [2022] EWCA Civ 468. Courts and Tribunals Judiciary. 8 April 2022. Accessed 5 September 2026.
- Rule 16.4 factsheet for parents. Cafcass. Accessed 5 September 2026.
- Children Act 1989, section 37: Powers of court in certain family proceedings. legislation.gov.uk. Accessed 5 September 2026.
- What happens in private law proceedings. Cafcass. Accessed 5 September 2026.
- Family Court Statistics Quarterly, January to March 2026. Ministry of Justice. 25 June 2026. Accessed 5 September 2026.
- Child arrangements services and prices. Family Law Service (Family Legal Ltd). prices as published 6 September 2026. Accessed 5 September 2026.
External links
This article is part of Family Court Wiki, published by Family Legal Ltd. It is general information about the law of England and Wales, not legal advice. Last reviewed 6 September 2026. About this site and editorial policy · Report an error.