What Happens in Family Court

A clear, step-by-step guide to private law proceedings, designed to help you stay prepared, calm and informed.

Family court is confusing, intimidating and emotionally draining — especially for survivors of domestic abuse or parents facing unsafe contact arrangements.

This page explains what happens, who is involved, what the court is supposed to consider, and how to protect your children and yourself at each stage.

You do not have to become a legal expert. You just need to understand the process and how to present your case safely and effectively.

What the Family Court Does

Family courts deal with private law disputes such as:

Child Arrangements – where the child lives, who they spend time with, how contact works
Parental Responsibility
Specific Issue Orders – e.g., schooling, medical decisions
Prohibited Steps Orders
Non-molestation and Occupation Orders

The court’s legal duty is to make decisions based on the welfare of the child, not the parents.

Key Principles the Court Must Follow

The court must apply:

The Welfare Checklist (Children Act 1989)
PD12J – guidance for handling domestic abuse in child arrangements cases
The presumption of parental involvement – but only where safe
Human Rights Act – right to family life and protection from harm

If domestic abuse, coercive control or risk to the child is raised, the court must consider this before ordering contact.

Who Is Involved in a Family Court Case?

You may interact with:

District or Circuit Judges – make decisions and orders
Magistrates – sometimes hear private law cases
Legal Advisers – advise magistrates on the law
CAFCASS Officers – attempt safeguarding checks, make recommendations
Social Workers – if Children’s Services are involved
Solicitors or Barristers – if you have representation
The other parent or parties

CAFCASS and the court are expected to put your child’s safety and wellbeing at the centre of the process — even when this does not happen in practice.

The Family Court Process (Step-by-Step)

1. Application is Submitted

You or the other parent submits a C100 (or other application). If abuse is disclosed, a C1A should also be completed.

2. Safeguarding Checks (CAFCASS)

CAFCASS should carry out:

Police checks
Social care checks
A brief intake call with each parent

They then complete a Safeguarding Letter before the first hearing.

3. First Hearing Dispute Resolution Appointment (FHDRA)

This is the first time you attend court. The focus is on identifying issues, risk and what needs to happen next.

Interim contact arrangements may be discussed
Directions for evidence, statements or assessments may be made
Domestic abuse should be addressed under PD12J

4. Fact-Finding Hearing (if abuse is disputed)

If allegations of abuse are denied, the court may order a fact-finding hearing. This determines what did or did not happen.

It can involve:

Cross-examination
Witnesses
Evidential bundles

If abuse is proven or accepted, the court must then move to a risk assessment stage before deciding contact.

5. Welfare / Section 7 Report (if ordered)

CAFCASS or social care may be ordered to produce a report about the child’s needs and what contact is safe.

6. Dispute Resolution Appointment (DRA)

The court reviews evidence, risk, and progress since the first hearing. Some cases settle here; others continue.

7. Final Hearing

If agreement is not reached, the judge makes a final decision based on the evidence provided.

Domestic Abuse and Coercive Control in Family Court

Many survivors feel the court:

Minimises abuse
Pressures unsafe contact
Mislabels coercive control as “conflict”
Overlooks children’s disclosures

This is why understanding PD12J is critical.

Under PD12J, when abuse or risk is raised, the court must:

Prioritise safety over contact
Determine the facts if abuse is disputed
Consider the long-term impact of abuse on the child
Make contact safe, supported or suspended where necessary

Many professionals forget or ignore PD12J — you must not.

What to Expect as a Victim in Family Court

You may experience:

Victim-blaming or minimisation
Pressure to be “reasonable” even when unsafe
Attempts to reframe abuse as “poor communication”
Being accused of “alienation” when raising valid safeguarding concerns

These are systemic patterns, not personal failures. 1VAA helps you respond calmly, factually and strategically.

How to Prepare for Each Hearing

Helpful steps include:

Write a short position statement (what you want, why, and what evidence supports it)
Bring your chronology and evidence file
Stay calm and factual in court communications
Know your red lines (e.g., no unsupervised contact until X risk is addressed)
Have questions ready for CAFCASS or social care

1VAA can help you draft documents, prepare for hearings and understand directions orders.

Possible Outcomes

The court may order:

No contact (where risk is high)
Supervised contact
Supported contact
Indirect contact only (letters, cards)
Gradual increases in contact where safe
Shared care (usually only if abuse is not a factor)

Your case is unique. Safety should be the starting point — not the afterthought.

Red Flags in Family Court

Warning signs include:

Professionals calling abuse “mutual conflict”
Pressure to agree unsafe contact
Children’s disclosures not being recorded
Cafcass focusing on “contact at all costs”
Lack of PD12J consideration

If these occur, you may need a stronger safeguarding strategy.

How 1VAA Helps You in Family Court

As a 1VAA member, we can support you with:

Understanding the process and what to expect at each stage
Drafting position statements, chronologies and witness evidence
Preparing questions for CAFCASS and social workers
Identifying risk, safeguarding issues and PD12J breaches
Making complaints and escalation routes where necessary

We help you stay focused on safety, facts and what is best for your child.

If You Need Help Right Now

If you are facing a hearing, confused about directions, or feel the court is not listening to you, you do not have to navigate this alone.