What is an FHDRA?

An FHDRA, or First Hearing Dispute Resolution Appointment, is an early hearing in private children proceedings.

Private children cases can concern a wide range of issues, including:

• Where a child should live
• When a child spends time with a parent
• Contact arrangements
• School holiday arrangements
• Communication between a parent and child
• Other disputes concerning the upbringing of a child

The purpose of the FHDRA is generally to help the court identify the issues in the case and determine how the proceedings should progress.

The current Child Arrangements Programme provides that an FHDRA should ordinarily take place around week 5 following issue of the application, although the precise timing can vary.

What happens at an FHDRA?

Every family case is different, but the court may consider a number of matters at the first hearing.

These can include:

• The application and response
• The current arrangements for the child
• The issues between the parties
• Information provided by Cafcass
• Any safeguarding concerns
• Areas of agreement
• Areas of disagreement
• Whether an agreement may be possible
• Whether interim arrangements are required
• Whether further evidence or reports are necessary
• Whether another hearing should be listed

The court may also consider whether the case requires a fact-finding hearing where allegations are disputed and relevant to the issues that need to be determined.

Who attends an FHDRA?

The people involved can vary depending on the circumstances of the case.

PARENTS

The parties to the proceedings will generally attend the hearing.

Some people attend with legal representation, while others represent themselves.

The judge or magistrates

The hearing will be conducted by the appropriate judicial officer.

The level of judge dealing with the case will depend on the circumstances and allocation of the proceedings.

CAFCASS

Cafcass plays an important role in many private children cases.

Cafcass carries out safeguarding checks and provides information to the court. A Cafcass Family Court Adviser may also become involved in discussions about the case and, where necessary, prepare further reports.

The Child Arrangements Programme specifically identifies Cafcass as having a role in safeguarding checks and assisting the court at the FHDRA.

Barristers and solicitors

A parent may attend with a solicitor or barrister.

A person can also represent themselves in family court proceedings.

For those who want specialist advocacy without instructing a solicitor for the entire case, Direct Access barristers can provide a different route to legal representation.

What does Cafcass do at an FHDRA?

Cafcass stands for the Children and Family Court Advisory and Support Service.

In private children cases, Cafcass is involved in safeguarding and provides information to assist the family court.

Before the FHDRA, Cafcass will generally undertake safeguarding checks. The information gathered can be provided to the court in a safeguarding letter or report.

Cafcass may also assist in identifying issues concerning the child's welfare and, where appropriate, possible ways forward.

Can an FHDRA resolve a family case?

Sometimes.

One of the purposes of the Child Arrangements Programme is to encourage the safe and child-focused resolution of disputes where possible.

If the parties reach an agreement, the court may be able to make an order reflecting the agreed arrangements.

Other cases cannot be resolved at the first hearing.

Where disagreements remain, the court may give directions for the next stage of the proceedings.

What happens if there is no agreement?

The court may decide that further steps are necessary.

Depending on the circumstances, this could include:

• A further court hearing
• Further evidence
• A Section 7 report
• A fact-finding hearing
• Further safeguarding enquiries
• An interim order
• A Dispute Resolution Appointment
• A final hearing

The next stage depends on the issues involved and the circumstances of the individual case.

FHDRA and allegations of domestic abuse

Some child arrangements cases involve allegations of domestic abuse or other forms of harm.

Where allegations are disputed, the court may need to consider whether a fact-finding hearing is necessary.

Practice Direction 12J contains specific provisions dealing with domestic abuse and harm in child arrangements cases, including provisions concerning fact-finding hearings.

This means that an FHDRA can be particularly significant in cases where allegations are disputed and may affect decisions concerning children.

What is the difference between an FHDRA and a final hearing?

An FHDRA is generally an early hearing.

Its purpose includes identifying the issues, considering safeguarding information and deciding how the case should progress.

A final hearing is different. It is generally concerned with determining the issues that remain unresolved and making a final decision.

Some cases can be resolved at an early stage, while others continue through several stages before reaching a final hearing.

What is the difference between an FHDRA and a fact-finding hearing?

The two hearings serve different purposes.

An FHDRA is an early hearing in a child arrangements case.

A fact-finding hearing is specifically concerned with disputed allegations and factual issues which the court considers need to be determined.

The current Child Arrangements Programme provides that where the court considers a fact-finding hearing necessary, it is conducted in accordance with Practice Direction 12J.

Can a barrister represent me at an FHDRA?

Yes, depending on the circumstances of the case and the barrister's instructions.

A family barrister may be instructed to provide advice before the hearing or to represent a client at the FHDRA.

Through the Direct Access scheme, members of the public can in appropriate circumstances instruct a barrister without first instructing a solicitor.

The work required can vary considerably. Some people may require advice about a particular hearing, while others may require representation throughout a more complex family case.

Direct Access Barristers for FHDRA Hearings

At Direct Access Barrister, we help members of the public find and instruct suitable barristers for family court proceedings.

Our family barristers can assist with a range of children matters, including:

• FHDRA hearings
• Child Arrangements Orders
• Fact-finding hearings
• Section 7 matters
• Disputes concerning contact
• Parental responsibility issues
• Prohibited Steps Orders
• Specific Issue Orders
• Final hearings

The exact service available will depend on the barrister, the circumstances of the case and the work required.

Why consider a Direct Access barrister?

Direct Access can provide a way of obtaining specialist barrister input without necessarily instructing a solicitor for the entire case.

Depending on the circumstances, a barrister may be instructed for:

Advice

A conference to discuss the proceedings, court papers and issues involved.

Document work

Assistance with documents such as position statements or other material where appropriate.

Hearing representation

Representation at an FHDRA or another family court hearing.

Ongoing assistance

In some cases, a barrister can be instructed for more than one stage of the proceedings.

Our role is to help identify a suitable barrister for the work required.

FHDRA Barrister: Get in Touch

If you have an upcoming FHDRA and are considering professional representation, Direct Access Barrister can help you explore whether a barrister is available for your hearing.

We work with barristers providing family law advice and representation across England and Wales.

You can contact us to discuss:

• Your upcoming FHDRA
• The type of family proceedings involved
• The date of your hearing
• The documents available
• The type of assistance required
• Whether Direct Access is suitable
• 
  

Contact Direct Access Barrister today to discuss your FHDRA hearing and find out whether a family barrister may be available to assist.

Frequently Asked Questions

What does FHDRA stand for?

FHDRA stands for First Hearing Dispute Resolution Appointment.

Is an FHDRA the first family court hearing?

It is generally the first hearing in private children proceedings under the Child Arrangements Programme, although the precise procedure can vary between cases.

How long after applying to court is an FHDRA?

The Child Arrangements Programme states that the FHDRA should ordinarily take place in week 5 following issue and, under the standard timetable, by week 6, although there are circumstances where the timing can differ.

Does Cafcass attend an FHDRA?

Cafcass is involved in many private children cases and has a safeguarding role. The arrangements for the particular hearing can vary.

Can I have a barrister at an FHDRA?

A barrister can represent a party at an FHDRA where instructed and where the circumstances permit.

Can I instruct a barrister directly?

In appropriate cases, members of the public can instruct a barrister through the Direct Access scheme without first instructing a solicitor.

How much does an FHDRA barrister cost?

The cost varies according to the barrister, the complexity of the case, the preparation required and the hearing itself. A quote can be provided once the relevant details are known.

Conclusion

An FHDRA is an important stage in many private children proceedings.

It gives the family court an opportunity to understand the issues, consider safeguarding information, identify areas of disagreement and determine how the case should proceed.

For people attending their first family court hearing, the process can be unfamiliar. A family barrister can provide specialist assistance and, where appropriate, representation at the hearing.

Direct Access Barristers can help members of the public find a suitable family barrister for an FHDRA and other family court hearings.

This article provides general information about FHDRA hearings and is not legal advice. The procedure and requirements can vary depending on the circumstances of an individual case.

Through the Direct Access scheme, many individuals can instruct an experienced family law barrister directly without first appointing a solicitor.

If you require advice or representation in a family law matter, our experienced clerks can discuss your circumstances, explain whether Direct Access is suitable, provide clear information about fees and help you identify the right specialist family law barrister for your case.

GET IN TOUCH TO BOOK YOUR DIRECT ACCESS BARRISTERS 

📞 Call:0203 773 1031

✉ Email: sam@directaccessbarristers.info

Our team is ready to assist parents and family members in all aspects of child arrangements disputes, ensuring professional advocacy and guidance every step of the way.