Family Court FAQs

Private Law and Public Law Are Different

Family cases involving children are commonly divided into:

Private law

Usually disputes between parents or family members about matters such as:

• where a child lives
• time with parents
• schooling
• specific decisions

Public law

Usually proceedings brought by a local authority because of concerns about a child's safety or welfare.

What Can an Order Cover?

Depending on the case, arrangements can include:

• where the child lives
• weekends
• overnight stays
• school-term arrangements
• holidays
• telephone contact
• video calls
• indirect contact

Cafcass Does Not Speak to the Child at Every Stage

In the standard private-law process, Cafcass normally carries out police and local-authority safeguarding checks before the first hearing.

Cafcass will also usually speak to each adult party by telephone.

Cafcass says it does not normally speak to or meet the child during this initial pre-first-hearing safeguarding stage.

Direct work with the child may happen later, for example if the court orders a Section 7 report.

What Can Cafcass Do During a Section 7 Assessment?

Depending on what the court asks Cafcass to investigate, a Family Court Adviser may:

• speak to each parent
• meet or speak with the child
• observe a younger child with a parent or carer
• speak to school
• speak to health professionals
• consider safeguarding records
• analyse risks and protective factors
• make recommendations to the court

Cafcass says children should not be asked to choose between parents.

Cafcass Advice Is Not the Court Order

Cafcass itself confirms that the court makes the final decision.

The court considers:

• the Section 7 report
• other evidence
• what the parents say
• the child's wishes and feelings
• the welfare checklist

If there are factual inaccuracies in a Cafcass report, identify them clearly and raise them with the Family Court Adviser and, importantly, through the court process.

The Welfare Checklist

In relevant proceedings, section 1 of the Children Act 1989 requires the court to consider:

1. the child's ascertainable wishes and feelings, considered in light of age and understanding
2. physical, emotional and educational needs
3. the likely effect of any change in circumstances
4. age, sex, background and other relevant characteristics
5. harm suffered or risk of harm
6. each relevant person's capability to meet the child's needs
7. the range of powers available to the court

Before the First Hearing

In the standard Cafcass private-law process, Cafcass normally provides the court with a Safeguarding Letter.

Cafcass says it aims to provide this at least three days before the first hearing.

It can contain:

• police safeguarding information
• local-authority information
• issues raised by each parent
• risk information
• recommendations for next steps

Not Every Court Area Now Uses Exactly the Same Process

In March 2026, the Government announced that the Child Focused Court model will be expanded across England and Wales.

Some areas already use this model.

Cafcass says national implementation is planned through to March 2029.

Therefore your exact court process may differ from the traditional FHDRA / Section 7 / DRA sequence.

There Is No Automatic Age When a Child Simply Decides

The Children Act requires the court to consider a child's ascertainable wishes and feelings in light of their:

• age
• understanding

The child's views are important, but the court must consider them alongside the entire welfare checklist.

Focus on Proving Facts, Not Calling Someone a Liar

It is usually more useful to say:

“This statement is inconsistent with the following document, dated...”

rather than simply:

“The other parent is lying.”

Identify:

• the specific disputed statement
• why you say it is incorrect
• what evidence supports your position
• why the issue matters to the child's welfare

An Allegation Can Still Be Evidence

“Evidence matters more than accusations” should not be understood to mean that oral evidence or a safeguarding disclosure is not evidence.

A person's sworn evidence is evidence.

The court assesses all of the available evidence and decides what weight to give it.

PD12J Requires a Risk-Based Approach

Where domestic abuse is alleged, admitted or there is another reason to believe it may be relevant, the court must consider:

• the allegations
• the child's safety
• risk to the other parent
• the impact of abuse
• whether factual findings are required
• whether proposed contact would be safe

Where abuse is established, the court should only order contact where it is satisfied that the child's physical and emotional safety can, as far as possible, be secured.

A Fact-Finding Hearing Is Not Automatic

Under PD12J the court should decide whether determining disputed allegations is necessary to:

• assess risk accurately
• provide a factual basis for a welfare assessment
• decide final child arrangements
• decide whether an intervention is necessary

If the court decides a separate fact-finding hearing is not necessary, PD12J says the order should record the reasons.

Cross-Examination Protections

Family Procedure Rules contain protections concerning cross-examination in cases involving domestic abuse.

Depending on the circumstances, direct cross-examination by one party of another may be prohibited and alternative arrangements may be required.

Legal Aid May Be Available

Legal aid is not available for every private family dispute.

It may be available in qualifying circumstances including:

• domestic abuse
• protection from abuse or harassment
• some child-protection cases
• care proceedings
• family mediation

Grandparents do not automatically have a statutory right to spend time with a grandchild simply because they are grandparents.

Where permission is required, the court considers matters such as:

• the nature of the proposed application
• the applicant's connection with the child
• any risk that the application could disrupt the child's life

Up to £500 Towards Mediation

The Government's Family Mediation Voucher Scheme currently provides eligible families with a contribution of up to £500 towards mediation.

The scheme has been extended and the Family Procedure Rules currently provide for the pilot through 31 March 2029.

MIAM Exemptions Exist

A MIAM is not required in every case.

Exemptions can apply in circumstances including:

• domestic abuse evidence
• child-protection concerns
• urgency
• without-notice applications
• certain previous MIAM attendance
• other prescribed circumstances

The Legal Position

Government guidance states that local authorities cannot remove children from their parents' care without first referring the matter to a court, unless the parent consents.

Emergency legal routes can include:

• Emergency Protection Orders
• police protection
• interim Care Orders

Police protection under section 46 of the Children Act 1989 can be used where a police officer has reasonable cause to believe a child would otherwise be likely to suffer significant harm.

Police protection can last for no more than 72 hours.

Care Proceedings Are Serious

If a local authority starts care proceedings, get legal advice as soon as possible.

Parents and people with parental responsibility in qualifying care proceedings can have important legal-aid rights.

Parental Responsibility Does Not Automatically Mean Contact

Having parental responsibility gives legal rights, duties and responsibilities relating to a child's upbringing.

It does not by itself guarantee:

• a particular amount of contact
• overnight stays
• 50/50 care

Child arrangements are a separate legal issue.

A Child Arrangements Order Is Normally a Civil Family Order

The police do not ordinarily act as a general enforcement service for disagreements over ordinary Child Arrangements Order compliance.

The normal enforcement route is an application back to the Family Court.

If there is immediate danger or suspected criminal conduct, that is a separate matter and police involvement may be appropriate.

Form C79

The standard application to ask the court to enforce a Child Arrangements Order is:

Form C79

The court may consider measures including:

• variation of the Child Arrangements Order
• Planning Together for Children work
• mediation
• an unpaid-work enforcement order
• compensation for financial loss
• in sufficiently serious circumstances, contempt sanctions

The current standard fee for a Children Act enforcement application is £270.

Do Not Secretly Record the Court Hearing

This is different from recording a private telephone call or meeting.

Family Procedure Rule 27.9 states that no party or member of the public may use unofficial recording equipment in court without the court's permission.

Recording court proceedings without permission can amount to contempt of court.

Need a Record of the Hearing?

Family Court hearings are normally officially digitally recorded.

A party may be able to request a transcript of the official recording, subject to the relevant rules and charges.

Current Official Data

Ministry of Justice statistics for January to March 2026 show that private-law Children Act cases took a mean average of:

to reach disposal.

Around 52% were dealt with within 26 weeks.

These are averages across completed cases.

Your case may be shorter or considerably longer depending on its circumstances.

Supported and Supervised Contact Are Different

NACCC distinguishes between:

• supported contact
• supervised contact
• handover services
• virtual family time

Where risk has been identified, the service selected should be appropriate to the level of safeguarding required.

NACCC recommends using an accredited service.

New Cafcass Service – Enabling Family Time

In May 2026 Cafcass launched Enabling Family Time.

It is a child-focused service commissioned on behalf of the Ministry of Justice to help children safely build, maintain or rebuild important relationships during private Family Court proceedings.

An Appeal Is Not Simply a Rehearing Because You Disagree

HMCTS states that you need legal grounds to appeal.

Examples can include:

• a serious legal error
• the correct procedure not being followed

You cannot appeal merely because you disagree with the outcome or think the decision was unfair.

Appeal Deadlines

If the court gives a deadline, that deadline applies.

If no deadline is specified, HMCTS says the usual appeal deadline is 21 days.

Some decisions have shorter deadlines.

For example, certain case-management decisions have a 7-day deadline.

Get advice quickly if considering an appeal.

Be Extremely Careful About Social Media

Family Court proceedings involving children have strong privacy protections.

The expansion of Family Court transparency does not mean parents are free to publish private case information online.

GOV.UK explains that a Transparency Order enabling reporting by accredited journalists or legal bloggers does not automatically give the parties permission to publish information themselves.

Publishing restricted information can have serious legal consequences.

Keep Evidence Relevant

More documents do not automatically mean stronger evidence.

Ask:

A useful evidence pack may include:

• a short chronology
• the relevant court orders
• key messages or emails
• relevant professional records
• clear witness statements

Court Bundles Are Controlled by Rules

Practice Direction 27A governs Family Court bundles.

The revised 2026 rules emphasise:

• documents actually needed for the hearing
• electronic bundles as standard practice
• clear organisation
• avoiding unnecessary duplication

Always follow the directions in your individual court order.

Help With Fees

You may qualify for a reduction or complete remission depending on:

• income
• benefits
• savings
• household circumstances

Urgent Does Not Automatically Mean Without Notice

A hearing without telling the other party is exceptional.

HMCTS guidance says a without-notice hearing may be appropriate where, for example:

• giving notice could create a safety risk
• notice could defeat the purpose of the application
• there is genuinely no time to provide notice

Participation in Proceedings

The Family Procedure Rules also contain specific rules about vulnerable parties and witnesses.

The court should consider whether a person's participation or ability to give evidence may be diminished and whether measures are required to help them participate effectively.

An informal parenting agreement is not automatically legally enforceable in the same way as a court order.

If parents want an agreed arrangement made legally binding, they can consider applying for a consent order.

As of 27 August 2026, This Is Still a Bill

The repeal should not yet be described as completed law.

The official UK Parliament Bill page currently shows the Courts and Tribunals Bill still progressing through Parliament.

The existing statutory position therefore needs to be checked against the current Children Act until the legislation receives Royal Assent and the relevant repeal is brought into force.

Important Clarification About Evidence

Evidence can include oral testimony and safeguarding disclosures as well as documents.

Independent documentary evidence can be especially helpful, but the court must assess all relevant admissible evidence fairly.