First hearing (FHDRA) mistakes to avoid
This page lists what tends to go wrong around the first hearing in a child arrangements case, with the rule behind each point. For the bigger picture of how a case runs, see representing yourself in family court.
What the first hearing is for
The Child Arrangements Programme, in Practice Direction 12B, sets the timetable. After a C100 is issued:
- The respondent files an answer, using form C7, within 14 days beginning with the date the application was served (FPR rule 12.32), and should normally have at least 14 days' notice of the hearing (PD12B para 14.2).
- Cafcass (Cafcass Cymru in Wales) carries out police and local authority checks and, if possible, a telephone risk identification interview with each parent (paras 13.3 and 13.4). Those conversations are limited to safety; other issues wait for the hearing (para 13.2). Cafcass does not contact the children at this stage (para 13.6).
- Cafcass reports to the court in a safeguarding letter within 17 working days of receiving the application and at least 3 working days before the hearing (para 13.7).
- The FHDRA takes place, ordinarily in week 5 and at the latest in week 6 after issue (para 14.1). Your notice of hearing gives the actual date, which may be later.
At the hearing the judge, working with the Cafcass officer, tries to help the parents resolve some or all of the issues, identifies what is still in dispute and gives directions (para 14.11). Paragraph 14.13 lists what the court considers: the safeguarding letter and any C1A, whether a fact-finding hearing is needed, whether a MIAM exemption was validly claimed, mediation and other dispute resolution, courses such as Planning Together for Children, a parenting plan, and whether a report (such as a section 7 report) is needed.
Some areas now use the Child Focused Model (formerly called Pathfinder), which works differently and does not have an FHDRA in the same form. If your letters describe that model, follow them.
Mistakes before the hearing
1. Missing the C7 deadline
If you are the respondent, the C7 is your formal answer. Rule 12.32 gives 14 days beginning with the day you were served. Late or missing answers leave the court and Cafcass with only one side of the picture when the safeguarding letter is written, because the letter should say which forms (C100, C7 and C1A) were considered (para 13.7). If you are late, send it as soon as you can rather than not at all. Our form C7 guide goes through it.
2. Not raising safety concerns, or raising them only on the day
If you have concerns that you or the children have suffered or are at risk of harm, including domestic abuse, the form for setting them out is the C1A, filed with the C100 or the C7. The court must consider the safeguarding letter and any C1A at the FHDRA (para 14.13), and interim orders, other than to protect a child's safety, should not be made without the safeguarding checks (para 14.13(d)). Mention concerns to Cafcass during the safety call too. See our form C1A guide. If you need your address kept from the other party, see the form C8 guide.
3. Not asking for special measures in time
FPR Part 3A and Practice Direction 3AA deal with vulnerable parties and witnesses. Where a party says they are, or are at risk of being, a victim of domestic abuse by another party, the court must assume their participation is diminished and consider participation directions (rule 3A.2A). Measures include screens, a live video link and help from an intermediary (rule 3A.8); PD3AA para 4.2 mentions separate entrances and waiting areas where facilities allow. You can ask on the application form or by application notice (rule 3A.10). Ask the court well before the day, because some measures need arranging and are not available in every building. Independent domestic violence advisers can attend under Practice Direction 27C.
4. Not reading the safeguarding letter properly
Cafcass says it provides the letter to the court at least three days before the first hearing. If Cafcass has not already sent it to the parties, the court tells them what it says, unless doing so would create a risk of harm to a party or the child (para 14.13(a)). The letter often shapes the directions the court makes. Read it more than once. Note anything factually wrong (a date, a school, something you did not say), briefly and politely, so you can raise it if asked. Do not share the letter with anyone outside the case.
5. No position statement, or one that runs to ten pages
Check your notice of hearing for what the court wants. If you prepare a position statement, Practice Direction 27A limits it to 3 pages in children cases unless the court directs otherwise, and it is due by 11am on the working day before the hearing unless your order says something different. Our position statement mistakes page covers the 2026 rules point by point. If the court asked for a form FM5 setting out your views on mediation and other non-court dispute resolution, file it in the time the court set (FPR rule 3.3(1A)); see the form FM5 guide.
6. Bringing the children
Every party must attend unless the court directs otherwise (para 14.4), but the hearing is about the children, not for them. The adults will discuss safeguarding information and disputes the children should not hear, and you cannot assume there will be anywhere suitable for them to wait. Arrange childcare well in advance.
Mistakes at the hearing
7. Not knowing what order you want
The judge will ask what each parent proposes. "I just want what is best" gives the court nothing to work with. Have a concrete proposal written down: which days, which times, where handovers happen, holidays, phone or video calls, and what you propose in the short term while reports are prepared. A parenting plan can help you think it through.
8. Refusing to discuss anything
Paragraph 14.13 says that, at every FHDRA, the Cafcass officer will seek to explore resolution of some or all of the issues with the parents, if it is safe to do so. You do not have to agree to anything you think is wrong or unsafe, and if there are safety concerns you can say so and ask to be seen separately (para 14.7). But refusing to talk at all, or treating the conversation as a fight, rarely helps the children and can be noted. Agreeing smaller points (handover place, phone calls) narrows what the court has to decide.
9. Promising something you cannot keep
If the parents agree, the court can make an order reflecting the agreement, which in many cases will be a final order (para 14.8), although it will scrutinise agreements and may wait for outstanding safeguarding work (para 14.13, consent orders). And because the FHDRA is not privileged (para 14.9), what you say can be referred to later. Do not agree to times you cannot manage with your work, travel or childcare just to look cooperative. "I would like to try that, but I can only do Wednesdays from 5pm" is a perfectly good answer.
10. Leaving without understanding the order
Before you leave, make sure you understand what was decided: interim arrangements, any report ordered, what you have to file and by when, page limits, and the next hearing date. Write it down. If the written order reaches you and it does not match what you understood, contact the court promptly rather than ignoring it. Put every deadline in your calendar the same day.
Mistakes after the hearing
11. Talking about the case online
Children cases are private. Publishing information from them can be a contempt of court (Administration of Justice Act 1960, section 12), and section 97 of the Children Act 1989 restricts publishing anything likely to identify a child as involved. FPR rule 12.73 sets out who you may share information with, such as a lawyer or a McKenzie friend. Venting on social media, or posting the safeguarding letter or the order, can also be raised by the other side later. If you need support, use the people the rules allow, a McKenzie friend (who can attend the hearing with you, para 14.5) or an advice service.
What usually comes next
If the case does not settle, the order may direct a section 7 report from Cafcass or the local authority (see our guide to the Cafcass section 7 report), a fact-finding hearing where allegations are disputed and relevant to the decision (see our fact-finding hearing guide), statements from each parent, attendance at Planning Together for Children, and a dispute resolution appointment later on.
If domestic abuse or a risk to a child is part of your case, you may qualify for legal aid; check on gov.uk.
Where EvidenceCanvas fits, and where it does not. EvidenceCanvas does not fill in or send the C7, C1A, C8 or FM5, does not contact Cafcass or the court, and cannot attend a hearing or speak for you. It can draft a position statement or a chronology from the documents you upload, such as your C100 or C7 and the safeguarding letter, checks its own draft once and marks anything it cannot fix for you to resolve. No person reads a draft before you get it, and drafts can be wrong.
Questions people ask
- What does FHDRA stand for?
- First Hearing Dispute Resolution Appointment. It is the first hearing in most child arrangements cases under the Child Arrangements Programme in Practice Direction 12B.
- Can the judge make a final order at the first hearing?
- Yes, if the parents reach an agreement the court is satisfied with. PD12B paragraph 14.8 says the order will in many cases be final. The court scrutinises agreements and can wait for outstanding safeguarding checks first.
- Will Cafcass speak to my children before the first hearing?
- No. PD12B paragraph 13.6 says the Cafcass officer will not start contact with the child before the FHDRA. Children's views are usually gathered later, for example in a section 7 report, if the court orders one.
- Is what I say at the FHDRA confidential?
- No. PD12B paragraph 14.9 says the FHDRA is not privileged, so what is said there may be referred to at later hearings. This is different from mediation.
- What if I have not received the safeguarding letter?
- Cafcass should send it to the court at least 3 working days before the hearing. If the parties have not had it, the court should tell them its content unless that would create a risk (PD12B paragraph 14.13(a)). If the safeguarding information is not available at the hearing, PD12B paragraph 14.13(d) says the court should adjourn until it is.
- Can I bring someone with me?
- You can be accompanied by a McKenzie friend, who can give moral support, take notes, help with papers and quietly give advice (PD12B paragraph 14.5). Practice Direction 27C provides for independent domestic violence advisers to attend hearings.
Checked on 23 October 2026: Practice Direction 12B (Child Arrangements Programme; paras 13.2 to 13.7, 14.1 to 14.13); FPR Part 12 (rules 12.32, 12.73); FPR Part 3A (rules 3A.2A, 3A.8, 3A.10); Practice Direction 3AA; FPR Part 3 (rule 3.3); Cafcass: overview of our involvement and the safeguarding letter; gov.uk form C7 (updated 30 September 2026); Administration of Justice Act 1960, section 12; Children Act 1989, section 97. General information for England and Wales, not legal advice. Your court's directions take priority over this guide.