What happens at family court

If you cannot agree arrangements, even with mediation, either parent can ask the court to decide. Here is the journey, step by step. It is slower and more procedural than people expect, and most of it is designed to help you settle without a full hearing.

Before you apply: mediation and the form

For most applications you first have to attend a MIAM (a Mediation Information and Assessment Meeting) with an authorised mediator. The court will not normally accept your application without it. There are exemptions, the main ones being domestic abuse, genuine urgency (for example a real risk the child will be taken abroad), and child protection cases.

You then apply on form C100. The court fee is currently £263, and help with fees is available if you are on a low income or certain benefits. There has also been a government voucher scheme offering money towards mediation, so it is worth checking whether that is still running before you pay for anything.

Cafcass safeguarding checks

Once you apply, Cafcass (or Cafcass Cymru in Wales) does basic safeguarding checks: they check police and local authority records and have a short phone call with each parent. They send the court a safeguarding letter ahead of the first hearing (the rules say at least 3 working days before).

This stage is checks only, not a full investigation, and not the time for your whole case. Keep the call calm and child-focused.

The first hearing (FHDRA)

The first hearing is the FHDRA (First Hearing Dispute Resolution Appointment). It is usually short, around 30 to 60 minutes, and its job is to sort things out, not to hear evidence. A Cafcass officer is normally there to help. The judge will try to find what you can agree and narrow what you cannot.

If you reach agreement, the judge can make an order that day (often a consent order) and that can be the end of it. If not, the judge gives directions: who files what, and what happens next.

If domestic abuse is alleged

Where domestic abuse is alleged and it matters to the decision, the court must consider holding a separate fact-finding hearing to establish what happened (this comes from Practice Direction 12J). Not every allegation leads to one. Where there is a real risk, the court will not order contact that would put a child or parent in danger. If this is your situation, get legal advice quickly.

The welfare report (section 7)

If the court needs more information, it orders a section 7 report on the children’s welfare, written by Cafcass or, where children’s services is already involved, by the local authority. It looks at the children’s wishes and feelings, each parent’s ability to meet their needs, and usually ends with a recommendation. There is more on this in what Cafcass does.

The dispute resolution appointment (DRA)

After the report, there is often a DRA (Dispute Resolution Appointment). The point is to use the report to settle the case or shrink the disagreement. Many cases end here with an agreed order.

The final hearing

If you still cannot agree, the case goes to a final hearing. The judge hears evidence from the parents and sometimes the report writer, then decides, applying the welfare checklist in the Children Act 1989, with the children’s welfare as the paramount concern.

The newer way: Child Focused Courts

Many areas are moving to a model called Child Focused Courts (formerly the Pathfinder pilot, now expanding across England and Wales). The big difference is that a fuller Child Impact Report is prepared before the first hearing, so the court understands the children early. The aim is fewer hearings and faster, calmer decisions. Whether your case follows this route depends on your local court, so it is worth checking. We explain it more in our update on Child Focused Courts.

If an order is not followed

If there is a final order and the other parent breaks it, you can apply to enforce it (form C79, the same £263 fee). It is then for the other parent to show they had a reasonable excuse, on the balance of probabilities. A genuine emergency or a real safeguarding worry can count; simply disagreeing with the order, or the child saying they would rather not go, usually does not. The court has a range of powers, from unpaid work to compensation, but enforcement is a blunt tool and a last resort. Try to fix the problem the calm way first.

Where to get real help

GOV.UK: apply for a child arrangements order: the official route and the current fee.
AdviceNow: going to the family court: clear, free, self-help guides.
Child Law Advice (Coram): child arrangements and contact explained.

Last reviewed: 15 June 2026. Court processes, forms and fees change, so check the official links above before you rely on anything here.