Family Contact Hearings in the County Court: What You Need to Know

02.12.24 04:40 PM

Disagreements over how a child spends time with each parent or guardian can be stressful and emotionally challenging. When parents cannot reach an agreement, the County Court can step in to make decisions through contact hearings (also called child arrangement hearings). These hearings focus on what is in the best interests of the child.

What Are Contact Hearings?


Contact hearings are legal proceedings that resolve disputes over contact with a child. They are designed to ensure that the child’s welfare is protected while balancing the rights of both parents or guardians. These hearings operate under the principles set out in the Children Act 1989 in England and Wales.


Types of Contact Hearings


1. First Hearing Dispute Resolution Appointment (FHDRA)
This is typically the initial hearing. The court encourages parties to reach an agreement, often with the assistance of a mediator or CAFCASS (Children and Family Court Advisory and Support Service). If no agreement is reached, the case moves to further hearings.

2. Fact-Finding Hearing
If there are allegations of domestic abuse or other serious concerns affecting the child, the court may hold a fact-finding hearing. The aim is to establish the facts before making decisions about contact arrangements.

3. Final Hearing
If disputes remain unresolved, a final hearing is held. The court reviews all evidence, hears from both parties, and may take advice from CAFCASS or independent experts. A Child Arrangements Order is issued, detailing who the child lives with, spends time with, and under what conditions.


What the Court Considers


During contact hearings, the court takes into account several important factors:

  • The child’s wishes and feelings, based on their age and maturity

  • Each parent’s ability to meet the child’s needs

  • Any history of harm or potential risk

  • The importance of maintaining safe relationships with both parents

  • Practical matters like distance between homes or parental work schedules


Possible Outcomes


Contact arrangements can take various forms:

  • Unsupervised or supervised contact

  • Indirect contact, such as letters or phone calls if direct contact is unsafe

  • Temporary or long-term arrangements depending on what serves the child’s best interests


Contact hearings can be complex and emotionally charged, requiring careful balancing of competing interests to protect the child’s welfare.


Need Help With a Family Contact Hearing?

If you’re facing a child contact dispute, it’s important to get expert legal guidance. Direct Access Barristers in your area can provide advice and representation, helping you navigate the process confidently.

Sam Morgan

Sam Morgan

Barristers Clerk Direct Access Barrister