Understanding the Family Court Process

The family courts of England and Wales operate under the Family Procedure Rules and related practice directions. If you live in Scotland or Northern Ireland, different rules and organisations apply, and you should seek guidance specific to your jurisdiction.

Nothing here is a substitute for independent legal advice from a solicitor qualified in the relevant jurisdiction.

In any decision about a child, the court’s paramount consideration is the child’s welfare. This is set out in the Children Act 1989 and is known as the “welfare checklist”.

The court does not start from what each parent wants, or from what seems fair to the adults. It starts from what is best for the child, including the child’s safety, emotional needs and the risk of harm.

Most private family-court disputes about children are decided through a Child Arrangements Order, which sets out who a child lives with and spends time with. An application is usually made on a C100 form, after first attempting mediation in most cases (with exceptions, including where there has been domestic abuse).

The court can also make other orders, such as Prohibited Steps Orders or Specific Issue Orders, where a particular decision needs to be made or prevented.

Before the first hearing, Cafcass (or Cafcass Cymru in Wales) carries out safeguarding checks. These include police and local-authority checks and a short phone contact with each parent to identify any safety concerns.

The results are set out in a safeguarding letter, which is sent to the court and shared with the parties. This letter helps the court decide what steps are needed at the first hearing, including whether further enquiries or reports are necessary.

Cafcass (the Children and Family Court Advisory and Support Service) represents the interests of children in family-court cases. A Cafcass officer may prepare reports, speak with children where appropriate, and advise the court on what arrangements would best meet the child’s needs.

In Wales, this work is done by Cafcass Cymru. Both organisations are independent of the parents and of the court itself.

The first hearing is often a Child Arrangements Programme hearing (a FHDRA). The court considers the safeguarding letter and tries to identify what is in dispute, what is agreed, and what further information it needs.

From there, the court may direct a Section 7 report, a fact-finding hearing, or move towards agreement if the issues are narrow. Not every case goes through every stage.

A Section 7 report is a detailed report prepared by a Cafcass officer or a local-authority social worker. It sets out the child’s circumstances, the parents’ positions, and a recommendation about what arrangements would best serve the child’s welfare.

The court considers the report carefully but is not bound to follow its recommendation. The report often shapes the direction of the case, so engaging honestly with the officer is important.

Where serious allegations are made and disputed, the court may hold a fact-finding hearing to decide whether specific events happened. The court hears evidence from each party and reaches findings of fact.

Findings of fact can significantly affect the rest of the case, including what contact is safe and what conditions are attached. Honest, consistent evidence matters more than volume.

Where domestic abuse is alleged, the court must follow Practice Direction 12J, which sets out how the court should approach allegations of harm and the safety of children and parents.

The court must consider the risk that contact with a parent who has been abusive could pose to the child and to the other parent, and whether any contact can be managed safely. Safety is not a secondary consideration.

The court may make an interim order to cover arrangements while the case is ongoing, and a final order at the conclusion of proceedings. Interim orders are often made on limited information and can be reviewed.

A final order sets out the arrangements the court has decided are in the child’s welfare interests. Orders can be varied later if circumstances genuinely change, but this requires a further application.

While proceedings are ongoing, comply with every order already in place—whether about contact, non-molestation, occupation of the home, or anything else. Breaching an order is taken seriously and can damage your case and, more importantly, the people affected.

If you cannot comply for a genuine reason, take legal advice and apply to vary the order rather than ignoring it.

In written evidence and in court, communicate calmly and factually. Set out what happened and what you are asking for, without insulting the other party or using the proceedings to punish them.

Aggressive, excessive or controlling communication—inside or outside court—is noticed, and it rarely helps a court see you as a safe and child-focused parent.

Do not ask children about the other parent, do not discuss the case with them, and do not use them to pass messages. The court and Cafcass take a dim view of parents who involve children in adult disputes.

Even when a child asks questions, the safest response is usually to reassure them that the adults are dealing with it and that they are not expected to take sides.

Completing a behaviour-change programme is relevant and worth telling the court about, but it does not guarantee that contact will be ordered, increased or unsupervised. The court decides on the basis of the child’s welfare, the risk of harm, and the evidence as a whole.

Presenting completion as if it entitles you to a particular outcome can read as entitlement rather than accountability. Let the evidence speak, and focus on what you are doing now.

Family law is complex and outcomes depend on detailed facts. You are strongly encouraged to obtain advice from a solicitor who practises in family law. If you cannot afford one, check whether you qualify for legal aid, which remains available in some domestic-abuse cases.

Advice from friends, forums or general websites is not a substitute for a solicitor who has read your papers.

Official forms, guidance and the Family Procedure Rules are published on GOV.UK and the judiciary website. Cafcass and Cafcass Cymru publish plain-English information for parents going through proceedings.

Use these official sources rather than relying on second-hand accounts, which are often out of date or wrong.