What happens at your first family court hearing
A plain explanation of what to expect at your first hearing in family court, who will be there, and how to prepare.
Receiving a date for your first family court hearing is unsettling, even if you were the one who applied. The process is unfamiliar, the stakes feel enormous, and most of what you find online is either written for lawyers or too vague to be useful.
This is a plain explanation of what that first hearing typically looks like, who will be there, and what you should have ready.
What the first hearing is actually for
In the UK, the first hearing in a child arrangements case is called a First Hearing Dispute Resolution Appointment, usually referred to as an FHDRA. In the US, the equivalent is often called a preliminary hearing or initial case management conference, though the name varies by state.
Whatever it is called, the purpose is broadly the same. It is not a trial. No one is making final decisions about your child at this stage. The court is trying to understand what the dispute is actually about, whether there is any prospect of agreement, and what needs to happen next to move things forward.
Judges and magistrates at this stage are looking for a clear picture of the situation.
Who will be in the room
In the UK, those typically present at an FHDRA are:
- The judge or magistrates
- Both parents, whether or not they have legal representation
- Solicitors, if either parent has instructed one
- A CAFCASS officer (Children and Family Court Advisory and Support Service)
CAFCASS will usually have spoken to both parents by phone before the hearing and carried out basic safeguarding checks with police and social services. They will give a brief verbal report at the hearing and may make initial recommendations. This is not a full investigation at this stage, just a preliminary assessment.
If you are representing yourself, which is increasingly common, you will be expected to speak directly to the judge. Courts are used to this. You do not need to know legal procedure inside out, but you do need to be able to explain your position clearly and calmly.
What happens during the hearing
The hearing typically follows a loose structure:
The CAFCASS officer presents their initial safeguarding report. This is brief and based on the phone call and checks conducted beforehand. It flags any immediate concerns and gives the court a starting point.
The judge hears from both parents. You will each be asked to explain your position. This is not cross-examination. The judge wants to understand what the disagreement is and what each parent is asking for.
The court considers whether agreement is possible. In many cases, the judge or CAFCASS officer will encourage both parents to discuss whether any interim arrangement can be agreed, at least while the case continues. If an agreement is reached, the court can formalise it on the day.
Directions are given for next steps. If nothing is resolved, the court sets out what needs to happen before the next hearing. This might include a full CAFCASS report, statements from both parents, or referral to mediation.
Most first hearings last between thirty minutes and a couple of hours, depending on complexity and how busy the court is. You may wait significantly longer than that before your case is called.
What the court is not doing at this stage
It helps to be clear about what is not happening at a first hearing.
The judge is not making final decisions about where your child lives or how much time they spend with each parent. Interim orders can be made if needed, but these are temporary. The full picture comes later.
The court is also not assessing who is the better parent based on what you say in the room. Evidence, witnesses, and detailed statements come at later stages if the case proceeds that way. At the first hearing, the court is managing the process, not determining the outcome.
What to have ready before you go
The first hearing is not the moment to present your full case, but being prepared still matters. Courts notice the difference between a parent who has thought carefully about their child’s situation and one who has not.
Before your first hearing, you should have:
A clear, brief account of your position. What are you asking for, and why is it in your child’s interests? Keep it focused on the child, not on the other parent’s failings.
A record of what has happened so far. If contact has already broken down, or if there have been incidents relevant to the case, having a dated log of events is useful. Not to produce in court at this stage, but so you can speak accurately about what has happened and when.
Any relevant documents. Previous agreements, a parenting plan if one exists, or any written communication that is directly relevant to the dispute. Do not bring everything. Bring what is specific and useful.
Knowledge of your child’s routine. Schools, medical needs, activities, who collects them and when. Courts are reassured by parents who know the practical detail of their child’s daily life.
The most common mistake at a first hearing
Focusing on the other parent rather than the child.
It is completely understandable. You may have been through months of conflict. There may be a great deal you want the court to know about what the other parent has done. But at a first hearing, and frankly at every stage of family proceedings, courts respond best to parents who keep the focus on what their child needs.
This does not mean you cannot raise concerns. Safeguarding issues, welfare worries, and relevant history all have a place. But the framing matters. “I am concerned about the impact of X on our child” lands differently to “the other parent did X.” The substance may be the same. The impression you make is not.
What comes after
If the case is not resolved at the first hearing, the court will set a timetable. There may be a further hearing after a CAFCASS report is completed, a dispute resolution appointment, or in more complex cases, a final hearing where both parents give evidence.
Each stage gives you more opportunity to present your position fully. The first hearing is the beginning of that process, not the end. Going in with realistic expectations, a calm manner, and a clear sense of what you are asking for is the most useful thing you can do.
Speak to a qualified family solicitor or attorney before your hearing if at all possible, even for a single advice session. The above is general information only and does not constitute legal advice.