Children Act 1989 proceedings involve several different types of hearings which each serve a specific purpose in the family court process. The main types of hearings are as follows:
First Hearing Dispute Resolution Appointment (FHDRA)
A First Hearing Dispute Resolution Appointment (FHDRA) is the first hearing that the court will list once an application has been made to the court. A FHDRA is usually listed 4-6 weeks after the application is issued and is used to identify the main issues, the background of the matter and determine the next steps. At a FHDRA the court will consider whether there is a possibility of reaching an agreement between the parties. CAFCASS have usually filed their safeguarding letter prior to the FHDRA including their advice to the court and may be present at the FHDRA. Interim child arrangements can be made at the FHDRA, and further information can be ordered such as police disclosure, local authority disclosure or further CAFCASS reports.
Case Management Hearing (CMH)
A Case Management Hearing (CMH) is a hearing that is listed to specifically focus on managing the case and setting out directions on how it should proceed. A CMH is limited to focusing on setting a timetable for the proceedings and is often listed if the timetable has been disrupted and requires amending.
Dispute Resolution Appointment (DRA)
A Dispute Resolution Appointment (DRA) is a hearing that is listed many times throughout the proceedings to resolve any remaining issues and reduce any areas of contention prior to the final hearing. A DRA is often arranged to take place once evidence has been received, such as a CAFCASS Section 7 Report and parties’ statements. This evidence is then considered at the DRA, and directions are made on how the matter can move forward. The main purpose of the DRA is to resolve any remaining issues between the parties. It can sometimes be effective as a Final Hearing if the parties agree with each other and CAFCASS’ recommendations.
Fact-Finding Hearing (FFH)
A Fact-Finding Hearing (FFH) is used to determine the truth of disputed allegations that are relevant to a child’s welfare and future arrangements. When allegations of domestic abuse are made, the court may determine a FFH necessary and proportionate to find out the truth of these allegations.
Before the FFH takes place both parties and any relevant witnesses provide written and oral evidence which will be cross-examined during the FFH. The Judge decides which allegations are true and which allegations are not true based on the balance of probabilities.
Depending on the Judge’s decision and findings, if the allegations of domestic abuse are proven the Judge will need to carefully assess the risks to the child and the impact of the findings before deciding on the type and level of contact the other party should have. If the allegations are found not to be true, then the court will act as if the allegations never happened, and child arrangements will be considered with the allegations being dismissed. The Judge will make the appropriate directions depending on the outcome of the hearing.
Final Hearing
A Final Hearing is the last hearing in proceedings. The court use this hearing to make a final determination on the matter and child arrangements. The final hearing can involve oral evidence from both parties and an expert, for example, evidence from a CAFCASS officer who undertook the Section 7 report and gave recommendations. Alternatively, a final hearing can be held without oral evidence from the parties and can be based on submissions only. Submissions are speeches usually provided by the parties’ barrister summarising their final position and argument before the court. Submissions can also be undertaken by litigants in person if they are not represented within the proceedings. Once a Final Hearing has taken place and a Final Order has been made, the proceedings have concluded. The parties will be provided with a Final Order detailing the official child arrangements and any other relevant provision to abide by.
If you are a parent that has received a hearing listing and require legal assistance in Children Act 1989 proceedings, please contact our expert Family Team at info@brethertons.co.uk or call 01295 270999 (Banbury Office), 01869 252161 (Bicester Office), 01788 579579 (Rugby Office), or 01242 472747 (Cheltenham).
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