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FFRAP
Free Family Representation & Advocacy Project

First Hearing Dispute Resolution Appointment (FHDRA) 

This is the first court hearing. The aim of the first hearing is to identify the issues in dispute between the parents, how to manage the dispute about your child(ren), and how to move the case forward at court.  

You may be asked to prepare a position statement for this hearing - please see our statement page for a template. The position statement template is half way down the page.

 

What happens at a FHDRA?

The judge will focus on what the issues are and, depending on those issues, how the case should progress.  Issues are essentially the disagreements and disputes between the parents. The court will only focus on the disputes that will or may impact a child’s wellbeing. This is known and referred to at court as welfare or a child(ren)’s welfare. Please see our welfare principle pages for more information about the term welfare.

If you made the application to court, the judge will want to know what it is you want the court to do and why.  

If an application is being made against you, the judge will want to know if you disagree with the application and why.

You must be clear and tell the judge what you want to happen or stop from happening.


To be clear in the court room, consider which of your arguments fall under the following terms:

  • Where the child(ran) should live

  • The quality (how you wish to see your child(ren), i.e., face to face), frequency (how often), and duration (how long) of contact arrangements between your child(ren) and your ex-partner. Also, consider overnight contact, birthdays, holidays, religious or other significant events that are important to your children and you.

  • Whether you are concerned about abuse or the safety of yourself and your child(ren).

  • Any other matter you wish to resolve.

Use the above breakdown to structure your concerns and disputes. This is how the court understands disputes between parents.

Also, make note of how you will collect and drop the children, where, and how you would like to communicate with your ex-partner. Ensure that you are able to explain why you would like a certain location/venue or method of communication.

You should not use the courtroom or the court process as an opportunity to argue with your ex-partner. You have been given time by the court to help you legally resolve your arguments in a meaningful way, to enable you to create successful and productive relationships for the future.

Once you have grouped your arguments, then write out what you would like the judge to do and why you would like the judge to do this. For example, do you want the judge to issue (give) a court order to set out contact arrangements. If so, then be ready to explain why you need a judge to give you an order (for example, this is because your ex-partner is stopping you from seeing your child(ren) or because you have safety concerns).

 

the judge at the fhdra

The judge will also consider the recommendations made by Cafcass in their safeguarding letter and your position in respect of each recommendation, as well as your response to the other side’s position .  You should receive a copy of this letter from Cafcass before the first hearing following your telephone interview with Cafcass. If a telephone interview does not take place, the ‘on the day duty Cafcass officer’ will speak to both parties separately.

If an agreement between the parties cannot be achieved, the judge will make an interim order.  This is an order that will be in place until the next hearing. 

The court will not necessarily finalise the case at the FHDRA, as the court needs time to consider the arguments (disputes) presented at court and how best to resolve the disputes using the court process.

 

consequences of agreements and non-agreements

If you agree things between you and your ex-partner at the first court hearing, then this agreement can be recorded in a binding court order at the FHDRA, and your case will be closed at court.

If you cannot agree things, the judge will make a direction (this means decide) for the case to progress to the next stage – this will either be a Dispute Resolution Appointment or other hearing (PTR/Fact Finding Hearing) depending on the facts of your case.