Guides / Family court
4 min read
Introduction
Most fathers who end up in the family court didn't plan to be there. It usually starts quietly. A weekend gets moved. A midweek tea stops happening. Messages take longer to come back, and then they come back colder. Nothing dramatic has happened, but the routine your child relied on is wearing away, and you aren't sure what you're allowed to do about it.
This is not about winning
The family court isn't there to decide which parent is the better person, who was wronged in the relationship, or who deserves more time. Its question is narrower and harder: what arrangement is best for this child, now and as they grow up?
That framing can feel uncomfortable when you're hurting. It's also the most useful thing you can hold on to. A father who keeps bringing the conversation back to his child is easier to hear than one who is trying to prove a point about the other parent, even when the point is fair.
Your response matters
Judges, magistrates and CafcassCafcass. The Children and Family Court Advisory and Support Service, which advises the family court on children's welfare in England. Cafcass Cymru does the same in Wales. officers form a picture of each parent from what they read and see. That includes the application, the messages that end up in the bundle, how you speak about the other parent and how you respond when things don't go your way.
You can disagree with a decision, a report or an allegation while still showing that you're calm, reliable and focused on your child. That combination is what this guide is about.
A different kind of court
The family court isn't a criminal court, and it works differently. Nobody is on trial, and there's no guilty or not guilty. Where facts are disputed, the court decides on the balance of probabilitiesBalance of probabilities. The test the family court uses to decide disputed facts: whether something is more likely than not to have happened. It's a lower bar than the criminal standard of beyond reasonable doubt.: whether something is more likely than not to have happened. That's a lower bar than in a criminal court, which has to be sure beyond reasonable doubt.
It means an allegation the police didn't take further can still be looked at in the family court. When concerns or allegations are raised explains what that means for you.
The route at a glance
Every case is a little different, but most follow the same broad route. Each stage has its own chapter later in this guide.
The usual route through the family court
Try to agree first
Usually a MIAM, a first meeting with a mediator, unless you are exempt.
If you agree, you may not need court at all.
Apply to court
The C100 form.
Cafcass safeguarding checks
Checks, a phone call with each parent, and a letter to the court.
First hearing
Called the FHDRA. The court sees what is in dispute and whether you can agree.
If you agree, the court can approve it and the case can end here.
More information, if the court needs it
A section 7 report, or a fact-finding hearing where serious allegations are disputed.
Another chance to agree
A hearing called the DRA, usually after a section 7 report.
If you agree, the court can make it an order.
Final hearing
If you still cannot agree, the court hears from you both and decides.
The forms and codes you will see
The family court uses a lot of form numbers and short names. Here are the ones in this guide, roughly in the order you will come across them. You can also hover over or tap any underlined term for a quick reminder, or see the glossary.
| Code | What it is | When you will see it |
|---|---|---|
| MIAMMIAM. Mediation Information and Assessment Meeting. A meeting to find out whether mediation or another way of resolving a dispute could help. It is usually required before certain family court applications, unless an… | Mediation Information and Assessment Meeting. A first meeting with a mediator to see if mediation could work. | Before you apply to court, unless you're exempt. |
| C100C100. The application form for a child arrangements, prohibited steps or specific issue order, or to vary one. | The form to apply for a court order about your child, such as where they live or when they see you. | When you apply to court. |
| C1AC1A. The supplementary form for setting out allegations of harm or domestic abuse. | A separate form for setting out concerns about domestic abuse or harm to your child. | Alongside the C100, if either parent has safety concerns. |
| C8C8. The form used to keep an address or contact details confidential. | A form to keep your address or contact details private from the other parent. | If you need your details kept confidential. |
| EX50EX50. The guidance that lists the current civil and family court fees. | The guidance that lists the current court fees. | When checking how much it costs to apply. |
| EX160EX160. The form to apply for Help with Fees, if you're on a low income or certain benefits. | The form to apply for help paying court fees. | If you're on a low income or certain benefits. |
| FHDRAFHDRA. First Hearing Dispute Resolution Appointment, the first hearing in most private children cases. | First Hearing Dispute Resolution AppointmentDispute Resolution Appointment (DRA). A hearing, usually after a report, to try to narrow or resolve the issues.. The first court hearing in most cases. | A few weeks after you apply. |
| Section 7 reportSection 7 report. A welfare report ordered by the court and prepared by Cafcass or the local authority. | A report on your child's welfare, written by Cafcass or the local authority. | If the court needs more information before deciding. |
| DRA | Dispute Resolution Appointment. A later hearing to see whether things can be agreed. | Usually after a section 7 report. |
| C79C79. The application form relating to enforcement of a child arrangements order. | The form to ask the court to enforce an order that isn't being followed. | Only if an order is broken. |
Check your parental responsibilityParental responsibility. The legal rights, duties and authority a parent has in relation to a child. It does not on its own guarantee a set amount of time with the child.
Checking parental responsibility Your rights as a father in Beyond the Referral.
In a child arrangements case, parental responsibility can affect which applications you can make and how you take part in decisions about your child. The court decides time with each parent based on the child's welfare.
Ask for help you can use
If disability, neurodivergence, mental health, literacy, language or another need makes it harder to take part, tell the court, Cafcass and any mediator as early as you can. You can ask for reasonable adjustments, an interpreter or special measuresSpecial measures. Practical arrangements to help someone take part in court, such as a screen or video link when giving evidence. such as a separate waiting room or a screen in court. Asking isn't a weakness. It helps you take part properly.