What to expect at an FHDRA Court Hearing - Perspective of a Trainee Solicitor

‘FHDRA’ stands for First Hearing and Dispute Resolution Appointment. For many people having to undergo one of these hearings, it can be an intimidating experience and not one that’s often made by choice. Despite having studied law for four years, attending and shadowing a solicitor at my first FHDRA felt somewhat daunting. However, the FHDRA does not have to be (and often is not) the hostile and antagonistic setting that many people imagine it to be.

An FHDRA is often the first court hearing that occurs following an application by one or both parents in a private children matter. The FHDRA is used to help the court to find out which issues are in dispute between the parents that relate to their child or children. The aim of the FHDRA is primarily to find points of common ground between the parties and to help them to move forward in their relationships with their children.

I certainly had my own preconceptions about FHDRAs, especially because they relate to sensitive matters involving children – emotions run high, and I expected each of the parties to refuse to cooperate with one another. However, I found that many of my assumptions were dispelled after attending my first FHDRA.

Prior to the FHDRA, the solicitor that I was shadowing had obtained a Position Statement from both parties. Position Statements in the context of the FHDRA will usually explain how each party would primarily prefer to have contact with their children.. Further, Position Statements often include how the parties want to communicate with the other party – whether it’s via email or specific apps, as well as how the children will be transported to and from each party’s home.  They will usually confirm if they agree with the advice given in CAFCASS’s safeguarding letter or not.

The parties’ Position Statements tend to inform the solicitor on any matters where both parties agree or disagree. Outside court, the solicitor began by going through the client’s Position Statement – checking if there was any room for manoeuvre in plans for seeing the children. Following this, the solicitor then went to meet with the Responding party. Understandably, the other side seemed apprehensive when we entered the room. However, the solicitor quickly explained that we were here to help to come to an agreement. The solicitor very clearly reiterated that the more that we can agree now, the more productive the FHDRA will be, and the sooner that plans will be in place to enable both parties to be able to see their children.

To my surprise, the Responding party agreed to a significant amount of our proposals – there was actually very little in dispute. The solicitor explained to me that this was helpful because the Judge will want to know exactly what’s agreed and what’s disputed when the FHDRA begins. Anything that is then still in dispute is discussed with the Judge at the FHDRA itself and the Judge can make a decision on that particular matter.

Once the solicitor had established what was agreed and what was disputed between the parties, we could take this to the Judge and discuss it with them. I was pleasantly surprised at how amenable the dynamics of the FHDRA were: the solicitor proposed a position, the Judge reiterated this to the other side, it was either accepted or an alternative possibility was discussed. The FHDRA was incredibly productive. That’s not to say that these Hearings won’t be emotionally taxing and difficult, but it was wholly encouraging to see how much cooperation and agreement there was between the parties, with the help of the Judge and a solicitor.

Blog prepared by a Trainee solicitor at George Green Solicitors

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