If you and your co-parent have been unable to reach an agreement about your children’s living arrangements and court proceedings have become necessary, knowing what to expect at each stage makes an enormous difference. The family court process for child arrangements involves several distinct hearings — each with a specific purpose, a specific cast of participants, and a specific set of decisions to be made. This guide walks through every stage in order, explaining what happens and what you should be doing to prepare.
If you are still at the stage of understanding what child arrangements are, what parental responsibility means, and whether court is necessary at all, read our guide first: Child Custody vs Parental Responsibility. This guide picks up where that one leaves off — at the point where court proceedings begin.
Our family law solicitors in Bolton represent parents at every stage of the child arrangements court process and can prepare and present your case effectively from the very first hearing.
Before You Apply: The MIAM
Before making a court application for a Child Arrangements Order, most applicants are required to attend a Mediation Information and Assessment Meeting — commonly known as a MIAM. This is a meeting with a trained family mediator who explains how mediation works and assesses whether it is suitable for your situation.
The MIAM is a legal requirement before most court applications. You cannot simply bypass it and go straight to court unless one of the specific exemptions applies — for example where there has been domestic abuse, where the matter is urgent, or where one party cannot be located.
A MIAM does not commit you to mediation. If the mediator assesses that mediation is not appropriate, or if the other party refuses to attend, the mediator will sign a form confirming this. That form is required before you can file your court application.
How long this takes: The MIAM itself is typically a single appointment lasting around an hour. Getting an appointment generally takes 1–2 weeks.
Stage 1: Filing the Application — Form C100
Once the MIAM requirement is satisfied, you can make a court application using Form C100. This is the standard application form for Child Arrangements Orders and specific issue or prohibited steps orders under section 8 of the Children Act 1989.
The C100 form requires you to set out:
- The names and dates of birth of the children involved
- Your relationship to the children and your current contact arrangements
- What order you are applying for and why
- Whether there are any safeguarding concerns — domestic abuse, child protection involvement, or other risks
Where there are allegations of domestic abuse or harm, a separate form — Form C1A — must be completed alongside the C100. This sets out the specific allegations in detail and triggers additional safeguarding checks by the court and CAFCASS.
The court fee for a C100 application is currently £232. Fee exemptions may be available for those on low incomes or certain benefits.
How long this takes: Once filed, the court will list the first hearing — the FHDRA — typically within 4 to 6 weeks, though this varies by court.
Stage 2: First Hearing Dispute Resolution Appointment (FHDRA)
The First Hearing Dispute Resolution Appointment — universally known as the FHDRA — is the first court hearing in child arrangements proceedings. It is a relatively informal hearing but it is critically important.
What happens before the FHDRA
Before the hearing, CAFCASS (the Children and Family Court Advisory and Support Service) will contact both parties by telephone to carry out safeguarding checks. These checks involve speaking to both parents and running checks with the police and local authority children’s services to identify any safeguarding concerns. The CAFCASS officer prepares a safeguarding letter for the court setting out the results of these checks and any concerns identified.
You should expect a call from CAFCASS in the weeks before the hearing. Be open, honest, and focused on the children’s welfare — this conversation forms part of the evidence before the court.
What happens at the FHDRA
The hearing is attended by both parties, their legal representatives (if instructed), a CAFCASS officer, and a judge or magistrates. The hearing typically lasts between 30 minutes and an hour.
The court will review the CAFCASS safeguarding letter and consider whether there are any immediate safeguarding issues that need to be addressed. It will then try to identify the issues in dispute and explore whether an agreement is possible. If both parties can reach an agreement at or before the FHDRA — even a partial one — the court can make that agreement into a consent order on the day.
If an agreement is not possible, the court will give directions for how the case will proceed to the next stage. These directions typically include:
- Whether a full CAFCASS welfare report is required (a Section 7 report)
- Whether any further evidence is needed — for example, medical records or school reports
- A timetable for the exchange of witness statements
- The date of the next hearing
How long this takes: The FHDRA typically takes place 4–6 weeks after the application is filed.
Stage 3: The CAFCASS Section 7 Welfare Report
Where the FHDRA does not resolve the dispute and the court considers it necessary — particularly where there are welfare concerns, complex issues, or significant disagreement between the parties — it will order a full welfare report from CAFCASS under section 7 of the Children Act 1989.
What the Section 7 report involves
The CAFCASS officer assigned to the case will:
- Meet with both parents separately, usually at their respective homes
- Speak with the child or children, at a level appropriate to their age and understanding
- Contact other relevant professionals — including the children’s school, GP, health visitor, and any involved social workers
- Review relevant records including any previous court orders or social services involvement
The officer then prepares a detailed written report setting out their findings and — crucially — their recommendations about what arrangements would best serve the children’s welfare.
The weight of the CAFCASS report
The Section 7 report is not binding on the court — the judge makes the final decision. However, CAFCASS recommendations carry significant weight and are rarely departed from without strong reason. The quality of your engagement with the CAFCASS officer, and the consistency and child-focused nature of your account, directly affects the content of the report.
If you disagree with the content of the CAFCASS report, you can challenge it at the next hearing by cross-examining the CAFCASS officer and presenting your own evidence. A solicitor can advise on the most effective way to do this.
How long this takes: Section 7 reports typically take 10–16 weeks to complete. This is often the longest stage in the process.
Stage 4: Dispute Resolution Appointment (DRA)
Once the CAFCASS report is received, the court lists a Dispute Resolution Appointment — the DRA. This is a further hearing at which the parties have the opportunity to reach a settlement in light of the CAFCASS officer’s recommendations and any other evidence that has been filed.
At the DRA, the judge will have read the CAFCASS report and the parties’ witness statements. The judge can give an early indication of their view of the case — which, while not binding, often focuses minds and makes settlement more likely. The CAFCASS officer is usually available at the DRA to answer questions.
The DRA is a genuine settlement opportunity. If the parties reach an agreement at this stage — whether on all issues or some of them — the court can make a consent order immediately. Many cases settle at the DRA, avoiding the need for a final hearing.
If the case does not settle at the DRA, the court will give final directions for the final hearing — setting a timetable for any remaining evidence and listing the hearing date.
How long this takes: The DRA is typically listed 2–4 weeks after the CAFCASS report is received.
Stage 5: Final Hearing
If the matter remains in dispute after the DRA, a final hearing is listed. This is a formal contested hearing at which the court decides the case. It is the most significant and most demanding stage of the process.
What happens at the final hearing
Both parties give oral evidence under oath and are cross-examined by the other side’s legal representative. The CAFCASS officer also gives evidence and can be cross-examined by either party. Other witnesses — for example a teacher, a GP, or a psychologist — can also be called.
After the evidence, both parties’ solicitors make closing submissions — summarising the evidence and the legal arguments in support of their client’s position.
The judge then delivers a judgment, either immediately or at a later date if the case is complex. The judgment explains the findings of fact, the application of the welfare checklist, and the specific order being made. This is the final and binding outcome of the proceedings.
What orders can be made at the final hearing
The court has a wide range of orders available, including:
- A Child Arrangements Order specifying where the child lives and the time spent with each parent
- A Specific Issue Order — resolving a particular dispute such as schooling or medical treatment
- A Prohibited Steps Order — preventing one parent from taking a specific action such as removing the child from the jurisdiction
- No order — where the court considers that making an order would not serve the child’s welfare
How long the final hearing takes: The length depends on the complexity and number of issues. Straightforward cases may be listed for half a day. More complex cases can take 1–3 days or more.
How Long Does the Full Process Take?
| Stage | Approximate timeframe |
|---|---|
| MIAM to C100 application | 1–3 weeks |
| Application to FHDRA | 4–6 weeks |
| FHDRA to CAFCASS report | 10–16 weeks |
| CAFCASS report to DRA | 2–4 weeks |
| DRA to final hearing (if needed) | 4–8 weeks |
| Total (if fully contested) | 6–18 months |
Cases that settle at the FHDRA or DRA are significantly shorter. Cases involving particularly complex welfare issues, allegations of abuse, or international dimensions can take longer.
What Can You Do to Prepare?
Engage openly and honestly with CAFCASS. Focus on the children’s needs, not on criticising the other parent. CAFCASS officers are experienced at distinguishing genuine welfare concerns from parental conflict.
Keep a diary. A contemporaneous record of incidents, missed contact, and conversations with the children can be valuable evidence — particularly if the other party later disputes what happened.
Follow any interim orders. If the court makes an interim arrangement while the case is ongoing, comply with it precisely. Non-compliance is taken seriously and reflects poorly at the final hearing.
Focus on the children, not the conflict. Judges and CAFCASS officers are looking for the parent who puts the children’s welfare first. Every position you take and every piece of evidence you file should be framed around what is best for the children.
How Hi Solicitors Can Help
Our child arrangement solicitors prepare cases thoroughly at every stage — from the C100 application and witness statements through to cross-examination at the final hearing. We advise on how to engage with CAFCASS effectively, how to challenge a Section 7 report where necessary, and how to present your case to the court in the most compelling way.
Where there is also domestic abuse in the background, our non-molestation order team can advise on protective orders running alongside the children proceedings.
Call 01204 371 414 for a free initial consultation with our family law solicitors in Bolton.
187b Derby St, Bolton, BL3 6JT · hisolicitors.co.uk
Frequently Asked Questions
Q: What is the FHDRA?
The First Hearing Dispute Resolution Appointment is the first court hearing in child arrangements proceedings. It takes place approximately 4–6 weeks after the application is filed. CAFCASS will have spoken to both parties beforehand and prepared a safeguarding letter. The court uses the FHDRA to explore whether agreement is possible and, if not, to give directions for the next stages.
Q: What is a Section 7 report?
A Section 7 report is a full welfare report prepared by a CAFCASS officer following detailed investigations — including home visits, interviews with the children, and contact with schools and other professionals. It includes specific recommendations about what arrangements would best serve the children’s welfare. It takes 10–16 weeks to complete and carries significant weight with the court.
Q: Do I have to give evidence at the final hearing?
In most contested final hearings, yes — both parties give oral evidence under oath and are cross-examined. This is one of the most important reasons to have legal representation. Your solicitor will prepare you for giving evidence, cross-examine the other party and their witnesses on your behalf, and make closing submissions to the court.
Q: Can the process be stopped once court proceedings have started?
Yes — the parties can reach an agreement at any stage and ask the court to make it into a consent order. This brings the proceedings to an end. Settlement at the FHDRA or DRA is common and avoids the cost, time, and stress of a final hearing.
Q: What if one parent does not comply with the court order?
Non-compliance with a Child Arrangements Order is a serious matter. The compliant parent can apply to the court for enforcement. The court has powers to impose unpaid work requirements, financial penalties, or — in persistent cases — transfer of the living arrangement to the other parent.
