What Happens After the Court issues a Form C100

The Court Hearings

The first hearing will be the First Hearing Dispute Resolution Appointment (FHDRA), which is typically within four to six weeks from the application date. Before the FHDRA, Cafcass will conduct safeguarding checks and provide a report to the court outlining any safety concerns. The FHDRA aims to help the parties understand the issues and reach an agreement if possible. If the case cannot be resolved at the FHDRA, the court will give directions for further evidence and set a date for the second hearing, being the Dispute Resolution Appointment (DRA).

The DRA is scheduled after any necessary reports, such as a section 7 report, are prepared. At the DRA, the court will identify the key issues and attempt to resolve or narrow them. While it is hoped that the parties will reach an agreement at this hearing, if this is not possible, the court will then give final case management directions for the final hearing.

At the Final Hearing, the court will listen to both sides’ arguments as they present their case, explain their positions, and provide evidence to support their claims. If the child is old enough and able to express their wishes, the court may also take the child’s views into consideration, depending on their age and maturity. Once it has considered all the evidence, the court will then make a final order, with the child’s welfare being the paramount consideration. Unless successfully appealed or varied by consent, this order is legally binding, and can be enforced if breached by either party.

It is important to remember, however, that the parties can reach an agreement at any time during the court process, which could then be formalised into a consent order, meaning that the proceedings will end before the Final Hearing stage. Conversely, however, if further evidence is needed, such as if any allegations of abuse are made, the court may need to schedule additional hearings to those listed above to determine these.

Enforcement of Court Orders

Once a court order is in place, it is legally binding, and both parents must adhere to the terms set out in the order. If either parent fails to comply with the order, the other parent may take legal action to enforce it. The court can make a range of orders to ensure compliance. This could involve the non-compliant party being required to undertake unpaid work or attend a separated parents information programme. Additionally, the court can impose fines or, in extreme cases, consider imprisonment for persistent non-compliance. The court may also vary the original order to better suit the child’s needs or transfer the child’s residence if it is in their best interest. Mediation and negotiation are encouraged before resorting to enforcement actions to resolve disputes amicably, however.