The Family Court Line

Your route through a child arrangements case, stop by stop

Get Money. Get Out. Get Rid.

England and Wales. Every case is different. The court can change the order of the stops, skip some or add others. This map shows the usual route so you know what is coming and what you need to have ready.

This is general information, not legal advice.

Stop on every route Only in some cases Position statement due Child Focused Court branch One of our guides

Start here: before you board

Going to court is one part of a bigger journey. If you are still living with him, or still tied to him by money, start with the guide that maps out the whole route.

GUIDEThe original guideGet Money. Get Out. Get Rid.The original practical guide to equip women with the knowledge and options to navigate and leave domestic abuse.
  1. Stop 1

    Before you apply: the MIAM

    Most people must attend a Mediation Information and Assessment Meeting (MIAM) before they can apply. It is a meeting to give you information about mediation and other ways of settling things outside court, and to look at whether they are suitable. It is not mediation itself.

    What you need to do: You do not have to attend if you have evidence of domestic abuse of a kind listed in the court rules. You claim the exemption on your application form, and the judge will check it at the first hearing. Some urgent applications, and applications made without notice to him, are also exempt.
    GUIDEChange here for the Protection LineNon-Molestation Applications: What’s the CatchNeed protection now? A protective order is a separate application. Read this before you apply.

    Read: MIAM (Dictionary)

  2. Stop 2

    Applying to court: form C100

    You apply on form C100, online or by post. Find the C100 form on GOV.UK. The fee is approximately £270, but court fees change, so check the current fee on GOV.UK before you apply. You may be able to get help with court fees if you are on benefits or a low income.

    What you need to do: If domestic abuse is part of your story, say so clearly on the form. Keep a copy of everything you send. If you do not have a solicitor, you are known as a litigant in person.

    Read: Child Arrangements Orders: What They Actually Decide Litigant in person (Dictionary)

  3. Stop 3

    Cafcass checks and the phone call

    Cafcass (Cafcass Cymru in Wales) checks with the police and the local authority, and will, if possible, phone each parent separately. Before the first hearing, Cafcass will not contact your child, and the call should only be about safety.

    What you need to do: Write your key points down before the call. During it, note the date, the time and the name of the person you spoke to.
    GUIDEGuideKeep A Record: Documentation and Documenting AbuseHow to write down and keep what happens, so it is ready when you need it.

    Read: What Is Cafcass and What Does It Do? Cafcass Asked If He’s a Good Father. What Should I Say?

  4. Stop 4

    The safeguarding letter

    This letter is written by Cafcass and sent to the court. You do not write it or send it. It sets out what the checks found and any concerns. Cafcass must send it within 17 working days of receiving your application, and the court should have it at least 3 working days before your first hearing.

    Cafcass may send you a copy. If it has not, the court must tell you what it says, unless sharing it would put you or your child at risk.

    What you need to do: If you have not had a copy a few days before your hearing, contact Cafcass and ask whether it has been sent. When you get it, read it carefully. If something is wrong or missing, write it down so you can raise it in your position statement and at the hearing.

    Read: Safeguarding letter (Dictionary)

  5. Stop 5

    First hearing (FHDRA) Interchange

    Position statement due by 11am on the working day before this hearing. Aim to keep it to 2 pages.

    The first hearing usually takes place around 5 weeks after your application is issued. The judge looks at the safeguarding information and whether anything can be agreed. The court must consider whether domestic abuse is an issue, both at this hearing and at every later stage. It will also decide whether a fact-finding hearing or a report is needed, and check any MIAM exemption you claimed.

    What you need to do: If you are frightened of being in court with him, ask the court for special measures before the day. These can include a screen so you do not have to see him, or taking part by video link.

    Read: What Is a Position Statement in the Family Court? Does the Family Court Have to Consider Domestic Abuse? Special measures (Dictionary)

  6. Stop 6 · if ordered

    Fact-finding hearing Interchange

    A new position statement is due by 11am on the working day before.

    If he denies the abuse, the court must decide as soon as possible whether a hearing is needed to decide which of the disputed allegations are true. This does not happen in every case.

    What you need to do: Gather your evidence and build a clear timeline of what happened and when.
    GUIDEGuideKeep A Record: Documentation and Documenting AbuseHow to write down and keep what happens, so it is ready when you need it.

    Read: Proving Domestic Abuse Isn’t the Same as Proving Risk to Your Child Fact-finding hearing (Dictionary)

  7. Stop 7 · if ordered

    Section 7 report

    Cafcass or the local authority writes a fuller report on your child’s welfare. These reports are generally ordered where there is a dispute about who your child should live with. The Cafcass worker will usually talk to you, and will nearly always talk to your child alone, depending on their age and understanding. They may also speak to people such as teachers and health workers.

    What you need to do: Stick to the facts and say clearly what happened. In most cases you will be able to see the report before the hearing. If you are unhappy with it, let the court know about your concerns.

    Read: Section 7 report (Dictionary)

  8. Stop 8 · usually after a report

    Dispute resolution appointment Interchange

    Position statement due by 11am on the working day before.

    This is usually listed after a report has been written. The court works out which issues are still in dispute and tries to narrow them. It may decide the case here, or set the timetable for a final hearing.

  9. Final stop

    Final hearing Interchange

    Position statement due by 11am on the working day before.

    If nothing has been agreed, the judge hears the evidence and makes a decision about your child.

    What you need to do: Bring your notes, your evidence and copies of everything you have filed.

Branch line: Child Focused Court areas

Child Focused Courts run in a growing number of areas, including all of Wales, and more are being added. If your case is in one of these areas, your route changes after Stop 2. There is no safeguarding letter and no section 7 report. Instead, Cafcass, Cafcass Cymru or the local authority writes a Child Impact Report early in the case, so the court understands from the start how the dispute affects your child. Ask the court or Cafcass if you are not sure which route your case is on.

Read: What Child Focused Courts Mean for You and Your Child Child Impact Report (Dictionary)

How long is the journey?

Getting a court order usually takes around 10 months, depending on where you live and your situation.

The Women’s Railroad

The original practical guide to equip women with the knowledge and options to navigate and leave domestic abuse.