Family Court Hearings: What They Are and When You Might Need One

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 is a Family Court Hearing?

A family court hearing is a legal proceeding where a judge listens to both sides of a dispute and makes decisions about issues like child arrangements, divorce finances, and safeguarding concerns. These hearings are held in family courts across England and Wales, and can involve parents, extended family, or the local authority (social services).

What do Family Court Hearings cover?

Family court hearings address a range of issues, broadly split into two categories: private law matters and public 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.

Public Law Matters

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.

When do Family Court Hearings apply?

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, 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.

Family Court terms you should know

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.

How to prepare for a Family Court Hearing

Being involved in a family court case can be overwhelming. It’s important to:

• Seek legal advice early.

• Be open to mediation where possible.

• Focus on the child’s best interests.

• Keep records of communication and relevant documents.

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 our family law team today to find out how we can assist you.

About the author

Ben Bradshaw is a Partner is our Family Law team. Ben is an experienced and highly skilled solicitor, who works with a wide range of clients on various family law matters, including cases involving children and complex financial settlements.