First Hearing Dispute Resolution Appointment (FHDRA)

What is an FHDRA?

The First Hearing Dispute Resolution Appointment — usually called the FHDRA — is the first court hearing in most private law children cases. These are cases where separated parents cannot agree on arrangements for their children: who the children live with, how much time they spend with each parent, or other important decisions about their upbringing.

The FHDRA has two purposes: to try to help parents reach agreement, and — if that’s not possible — to identify the issues and set out a plan for resolving them.

Most FHDRAs are heard by a District Judge or a magistrates’ bench. They’re relatively short — usually 30 to 60 minutes — but what happens can significantly affect your case going forward.

Before the FHDRA: Cafcass safeguarding checks

Before the FHDRA, Cafcass (the Children and Family Court Advisory and Support Service) carries out safeguarding checks on both parents. This happens automatically when a court application is made.

What Cafcass does

Cafcass will:

• Contact both parents by telephone to discuss the background and any concerns
• Check police records for both parents
• Check social services records for both parents
• Prepare a safeguarding letter summarising what they’ve found

The safeguarding letter

The Cafcass safeguarding letter is sent to the court before the FHDRA. The judge reads it before the hearing. It will include:

• A summary of the background from each parent’s perspective
• Any safeguarding concerns identified
• Whether Cafcass recommends further investigation
• Cafcass’s initial view on what should happen next

You should receive a copy of the safeguarding letter before the hearing. Read it carefully — it forms the basis for much of what the judge considers.

Who is at the FHDRA

At a typical FHDRA you’ll find:

• The judge (usually a District Judge or magistrates)
• Both parents
• Any solicitors or legal representatives
• A Cafcass officer (in person or available by phone)
• A court clerk

Children do not attend the FHDRA.

What happens at the hearing

At the start

The judge reads the Cafcass safeguarding letter and any other documents filed with the court. They’ll confirm who is present and check that both parties have received the relevant documents.

Exploring agreement

The judge — often with the help of the Cafcass officer — will explore whether the parents can agree on arrangements. This might happen:

• In the courtroom with both parties present
• Through separate discussions with each party (called “shuttle negotiation”)
• With the Cafcass officer speaking to both parents in a side room

The judge may give their view on what seems sensible, though they won’t make a final decision at this stage unless an agreement is reached.

If you reach agreement

If both parents agree on arrangements, the judge can make a Child Arrangements Order recording the agreement. This makes it legally binding. The case then ends — no further hearings are needed unless something changes.

Agreement might cover:

• Who the child lives with (and when)
• How much time the child spends with the other parent
• Arrangements for holidays and special occasions
• Communication between child and parent

If you don’t reach agreement

If no agreement is reached, the judge makes directions — instructions for what happens next. Common directions include:

• A Cafcass Section 7 welfare report (a more detailed assessment of the child’s circumstances)
• A fact-finding hearing (if there are allegations of domestic abuse or other disputed facts)
• Referral to a Separated Parents Information Programme (SPIP)
• Directions for each party to file a position statement
• Listing a further hearing (a Dispute Resolution Appointment, or DRA)

The judge will set a timetable with deadlines for each step.

Preparing for the FHDRA

Read the Cafcass safeguarding letter

Go through it carefully. Note anything you think is inaccurate or incomplete. You can raise corrections with the judge, though the FHDRA is not the stage for detailed factual disputes.

Prepare a position statement

Many courts ask parties to file a short position statement before the FHDRA. Even if it’s not required, it’s worth preparing one — it helps you organise your thoughts and ensures the judge understands your position.

A position statement should be:

• Short — one or two pages maximum
• Factual and focused on the child’s welfare
• Clear about what arrangements you’re proposing and why
• Free from blame and criticism of the other parent

Think about what you want

Before the hearing, be clear in your own mind:

• What arrangements would work best for your child?
• What are you prepared to agree to?
• What are your genuine concerns about the other parent’s proposals?
• Are there any safeguarding issues the court needs to know about?

Practical preparation

• Know where the court is and arrive at least 30 minutes early
• Bring all correspondence about the application
• Bring any documents relevant to your case
• Dress smartly

Special measures

If there has been domestic abuse, you can apply for special measures before the hearing. These might include:

• Separate waiting areas so you don’t have to be near the other party
• Screens in the courtroom
• Coming and leaving at different times

Contact the court as soon as possible if you need special measures — don’t leave it until the day.

After the FHDRA

If agreement was reached

You’ll receive a copy of the order. Read it carefully. If the arrangements break down, you’ll need to go back to court — the order gives you a basis to do that.

If no agreement was reached

Follow the directions the judge has made. Meet all deadlines. If a Section 7 report has been ordered, cooperate fully with the Cafcass officer who contacts you.

The next hearing will usually be a Dispute Resolution Appointment (DRA), or in some cases a fact-finding hearing if there are allegations that need to be investigated first.