The family court process for fathers, step by step
This page puts the stages of a child arrangements case in England and Wales in the order they usually happen, with a link to the guide for each one. It describes what happens at each stage. How to prepare for each stage, and what to do when something goes wrong, is in the book.
1. Contact stops
The first few days are about getting your own facts straight, not about making an application. Contact has stopped: what to do first
2. The MIAM
Before applying to court about arrangements for a child, most people must attend a Mediation Information and Assessment Meeting with an authorised family mediator, unless an exemption applies. What is a MIAM?
3. The application and the forms
The C100 starts the application. The C7 is the response, used if the other parent applies. The C1A deals with harm and allegations, and the FM5 records views on non-court dispute resolution. C100, C1A, C7 and FM5 forms explained
4. Cafcass safeguarding checks
Before the first hearing, Cafcass checks with the police and the local authority, usually phones each parent, and sends the court a short safeguarding letter. What is a Cafcass safeguarding letter?
5. The position statement
A short written document, usually given to the court shortly before a hearing, setting out your position and the order you are asking the court to make. What is a position statement?
6. The first hearing (FHDRA)
An application typically leads to a first hearing around week 5. It is not a trial. The court identifies the issues, looks for agreement where it can, and decides what it needs next. What happens at the first hearing?
7. What the court may order next
Depending on the case, the court may order a section 7 welfare report from Cafcass or the local authority, decide whether disputed allegations need a fact-finding hearing (see allegation or finding), or arrange supervised contact while it gathers more information. Under the no order principle, it only makes an order if doing so is better for the child than making none.
At every stage: the written record
Reports and letters are read by everyone who comes after. The guides to ‘history of’ and ‘concerns were raised’ explain how the wording can change from one document to the next, and the glossary explains the terms.
Sources
This page summarises the guides it links to. Each guide lists its own sources and the date they were last checked.
This guide gives general information about the standard process in England and Wales. It is not legal advice, and procedure changes. Some court areas use a different process, the Child Focused Model, so check your notice of hearing. Full disclaimer