The Family Court Library: Cafcass and the First Hearing (FHDRA)

cafcass-and-the-fhdra

Family Court Library

General Disclaimer: Nothing presented constitutes legal advice and the McKenzie Friend UK Network is not a legal entity or in anyway claims to be a 'legal resource'. The resource guide is supported by McKenzie Friends and Litigants in person for Litigants in Person in Family Court. McKenzie Friends provide layperson support as an informed friend under the Family Court Practice Guidance of 2010. All information is published under the spirit of that guidance. For any corrections of the information, please contact the McKenzie Friend UK Network

The Role of Cafcass and the FHDRA

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'A Family Court Adviser (FCA) will work with both parties at the first hearing.

If it has not been possible for Cafcass to have completed the telephone interview with you or the other party, the FCA will ensure any outstanding safeguarding issues are discussed, assessed, and that the findings are made available to the court. The FCA will discuss the content of the safeguarding letter with the court and will advise on next steps.

If there are no child safeguarding concerns, the FCA will try to help you and the other party reach a safe agreement without further court proceedings. This could include completing a Parenting Plan .

If you and the other party can reach an agreement, and the court is satisfied that this is safe, and in your children’s best interests, it may be possible to end the process at this stage by making a ‘consent order’.

However, if you are not able to agree, or there are concerns about the welfare or safety of your children, the court may:

refer you and the other party to a mediation assessment meeting or ask us to help you reach an agreement;
order a ‘finding of fact’ hearing if disputed allegations have been made that might affect the outcome of the court proceedings, such as of domestic abuse;
where there are concerns about domestic abuse, or domestic abuse is found by the court to have taken place, the court may order a party to take part in a domestic abuse perpetrator programme (DAPP);
ask us to carry out more detailed work with your family and to write a report about your children’s welfare (known as a section 7 report).'

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Our independent MaKenzie Friends provide support throughout the UK.

MaKenzie Friends operate as 'lay persons' who are not legally trained or qualified, but who will support you through the family court process as an 'informed friend'.

Our MaKenzie Friends can :

1) Provide personal support, understanding and mentoring.

2) Offer non legal advice and guidance.

3) To assist you with paperwork, forms and planning.

4) To organise your files and assist you in the smooth administration of the process.

5) To help research information.

6) As laypersons, discuss and offer advice, guidance and opinions on your case and strategy.

7) To assist with the management and timing of disclosures.

8) To assist with your statements, submissions and arguments.

9) To attend court with you under the formal guidance presented by the family courts.

10) To help you prepare your arguments and questions.

Philip Kedge is a retired police Chief Inspector and the founder and director of the McKenzie Friend UK Network. His aim is to remove lawyers from the family court with his own ethical business to reduce conflict and acrimony, to provide training and a cost effective McKenzie Friend national service and to reduce the emotional harm to children as a non-legal entity and informed friend.

Family Court Library

McKenzie Friend Training

Our Top Featured McKenzie Friends

We have already saved our clients over £20 million in unnecessary legal fees

We have already saved our clients over

£20 million in unnecessary legal fees