Stages in a Children Act Application

There are three key stages in proceedings under the Children Act 1989: the First Hearing and Dispute Resolution Appointment (FHDRA), the Dispute Resolution Appointment (DRA), and the Final Hearing.

When the court makes any order in relation to a child, its paramount consideration will be the child’s welfare. The court will consider the welfare checklist under the Children Act 1989, which sets out the following factors it must consider when making a decision:

1. The ascertainable wishes and feelings of the child concerned (considered in the light of their age and understanding)
2. Their physical, emotional and educational needs
3. The likely effect of any change in his circumstances
4. Their age, sex, background and any characteristics which the court considers relevant
5. Any harm which they have suffered or are at risk of suffering
6. How capable each of their parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting their needs
7. The range of powers available to the court under this Act in the proceedings in question.

FHDRA

A first hearing and dispute resolution appointment (FHDRA) is the starting stage in proceedings. Here a judge will decide what needs to be done before the case can be decided. This can include ordering an expert assessment or drug and alcohol testing. Where appropriate, parents can negotiate at this stage and it may be the only hearing you attend.

DRA

A Dispute Resolution Appointment (DRA) generally takes place when all expert reports have been provided and all the evidence has been obtained.

At a DRA, a judge will help the parties to try to agree a settlement between themselves. The judge will probably give a non-binding indication about what they think should happen in the case and then allow you to negotiate around this.

Final Hearing

Where parties cannot otherwise agree, a final hearing will be necessary. At this, the court will hear evidence from the parties, any relevant experts and, if appropriate, the children. The judge will then make a decision and order the contact/residence which they think is best.

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