UK Family Court — Plain English Guide

Understanding the Family Court Process in England

Everything separated parents need to know about Child Arrangements Orders, court hearings and Cafcass – explained clearly, without the legal jargon.

“If you’re facing the family court process for the first time, it can feel overwhelming. The terminology is unfamiliar, the stakes feel impossibly high, and very few people explain what’s actually going to happen in plain, human language. This page is my attempt to change that.”

– Jasmin Newman, Founder – Parenting After Separation

Child Arrangements Order

A Child Arrangements Order (CAO) is a court order that sets out where a child lives, how much time they spend with each parent, and how contact takes place. It replaced the older terms “residence order” and “contact order” in 2014. Courts only make a CAO when parents cannot agree between themselves. A judge will always consider what arrangement is in the best interests of the child – not what either parent wants.

What it covers

Living arrangements

Who the child lives with (“lives with” order), how often they see the other parent (“spends time with” order), and any conditions around handovers, holidays, or communication.

Important to know

Try mediation first

Before applying to court, you must attend a Mediation Information and Assessment Meeting (MIAM) – unless an exemption applies (e.g. domestic abuse). Courts take a dim view of parents who skip this step.

Plain English summary

A CAO is the court’s written rulebook for how your children’s time is shared. Once made, both parents must follow it. Breaching a CAO without reasonable excuse can result in enforcement proceedings, fines, or in serious cases, a change to the order itself.

First Hearing (FHDRA)

The First Hearing Dispute Resolution Appointment (FHDRA) is usually the first time both parents appear before a judge or magistrates. It typically takes place within four to six weeks of an application being issued by the court. The purpose is not to make a final decision – it’s a structured meeting to identify the issues, hear from Cafcass, and explore whether an agreement can be reached on the day.

1Before the hearing – Cafcass contacts both parents by phone to carry out safeguarding checks and prepare a short report for the judge.
2At court – Both parties (and their solicitors, if they have them) meet with the Cafcass officer. The judge reviews the Cafcass report and hears from both sides.
3Possible outcomes – The case may be resolved by consent order on the day, or the judge may set directions for further steps (e.g. a full Section 7 report or a dispute resolution hearing).

What to bring

Be prepared

Any written proposals for arrangements, a copy of your application, and any relevant supporting documents. Dress smartly – first impressions count with the bench.

Common mistake

Don’t treat it as a battle

Judges want to see parents trying to cooperate. Coming in with a rigid position and refusing to negotiate can harm your credibility throughout the rest of the proceedings.

Section 7 Report

A Section 7 report is an in-depth welfare report prepared by Cafcass (or a local authority in some cases) when a judge needs more information before making a final decision. It is named after Section 7 of the Children Act 1989. The Cafcass officer will interview both parents, speak with the children (depending on their age), and may contact schools, GPs, or other professionals involved in the child’s life. The process typically takes 12-16 weeks.

12-16

weeks to complete on average

Cafcass officer assigned to your case

~30

pages in a typical report

What the officer assesses

The welfare checklist

The welfare checklist under the Children Act: the child’s wishes and feelings, their physical and emotional needs, the likely effect of any change, any harm they’ve suffered or are at risk of, and the capability of each parent to meet those needs.

How to prepare

Stay child-focused

Be honest, child-focused, and consistent. Don’t speak negatively about the other parent – Cafcass officers are trained to distinguish genuine concern from hostility. Focus on what your child needs, not what you want.

Note

The Section 7 report is not binding – the judge makes the final decision. However, judges rarely depart from a Cafcass recommendation without good reason, so it carries significant weight in proceedings.

Do I Need a Solicitor?

You are not legally required to have a solicitor in family proceedings – many parents represent themselves as “litigants in person.” That said, having legal advice can make a significant difference, particularly in complex or high-conflict cases. Legal aid for private family law cases was largely removed in 2012. It remains available if you have evidence of domestic abuse or child abuse, or if your case involves certain public law matters.

Why a Resolution member solicitor matters

If you do instruct a solicitor, we strongly recommend choosing one who is a member of Resolution – the national body of family justice professionals committed to constructive, non-confrontational approaches to family law.

Resolution members sign up to a Code of Practice that requires them to reduce conflict, prioritise children’s best interests, and help families reach agreed solutions wherever possible. In practice, this means your solicitor will focus on settlement and cooperation rather than escalating hostility – which protects both your children and your finances.

Adversarial solicitors can inflame already difficult situations. A Resolution member will work to keep things proportionate, respectful, and child-focused at every stage.

You can find a Resolution member solicitor in your area at resolution.org.uk.

Consider a solicitor if…

Complex or high-risk cases

There are allegations of abuse or domestic violence, the case involves international elements or relocation, the other parent has legal representation, or there are complex financial or welfare issues at stake.

Going it alone? You can still get help

Alternative support options

Many solicitors offer a “pay as you go” or fixed-fee consultation. You can also use a McKenzie Friend – an informal adviser permitted to sit with you in court, take notes, and give quiet assistance (but not speak for you).

Family Mediation – Often the fastest and least costly route. A trained mediator helps both parents reach an agreement outside of court. Agreements can be made into a consent order.
Collaborative Law – Both parents and their solicitors meet together to negotiate, committing not to go to court. Good for parents who want to preserve a co-parenting relationship.
Direct Negotiation – If communication is workable, parents can draft their own parenting plan and convert it into a consent order via a solicitor or directly through the court.

How Long Will It Take?

The honest answer is: it depends. Cases that settle at the FHDRA can be resolved in 6-8 weeks. Cases that go to a final contested hearing – with a Section 7 report and multiple hearings – can take 12-18 months or longer, particularly in areas with significant court backlogs.

6-8 wks

if resolved at FHDRA

6-12 mo

typical contested case

12-18+ mo

complex or high-conflict cases

1Application issued – You file a C100 form. The court serves it on the other parent and sets the FHDRA date (usually 4-6 weeks away).
2FHDRA – First hearing. May resolve by consent, or the judge sets directions for a Section 7 report or further hearings.
3Section 7 / DRA – If ordered, the Cafcass report takes 12-16 weeks. A Dispute Resolution Appointment (DRA) follows to attempt settlement.
4Final hearing – If no agreement is reached, a judge hears full evidence from both sides and makes a final order. This is the last stage.

Delays to expect

Court backlogs

Court backlogs vary significantly by region. Some areas have waiting times of 6+ months between hearings. An experienced family solicitor will know local listing times and can advise accordingly.

How to speed things up

Cooperation is key

Engage genuinely with mediation, respond to correspondence promptly, file all documents on time, and demonstrate at every stage that you are willing to put your child’s needs above the conflict.

Need support navigating co-parenting after separation?

Parenting After Separation offers specialist education, mediation, and parenting coordination to help families in England and Wales move forward.

View our programmes → Family Court – Courts and Tribunals Judiciary →