The Family Court

What the The Family Court does

The Family Court makes child arrangements orders deciding where a child lives and how they spend time with each parent, together with prohibited steps and specific issue orders on schooling, medical treatment and relocation. It resolves financial matters on divorce or dissolution — property, pensions, maintenance and lump sums — and makes non-molestation and occupation orders where there is domestic abuse, which can be applied for urgently and, where necessary, without notice. It also handles public law cases brought by local authorities about children's safety. Hearings are private and reporting is restricted.

What it hears

• Child arrangements — where a child lives and time with each parent
• Specific issue and prohibited steps orders — schooling, medical care, relocation
• Financial remedies on divorce or dissolution — property, pensions, maintenance
• Non-molestation and occupation orders in domestic abuse cases
• Local authority applications about children's welfare and safety

Before your first court date

Except in urgent or domestic abuse cases, you will usually need to show you have tried mediation before applying — a mediator will assess whether the case is suitable and can sign the form if it is not. Gather what the court will actually need: a clear chronology, school and medical details for children, and full financial disclosure for money cases. Keep communication with the other parent civil and in writing where possible, because it will be read. Above all, put proposals in writing — a reasonable written offer shapes both the case and the costs.

What happens at your first appearance

In children cases the first hearing is a dispute resolution appointment, with a Cafcass officer who will have made safeguarding checks and will speak to both parents. The court's aim is agreement; if it cannot be reached, the judge sets directions, which may include a welfare report. Financial cases follow a similar shape, with a first appointment for directions and disclosure and then a financial dispute resolution hearing at which a judge gives an indication to help settlement. Hearings are private, and the tone is problem-solving rather than adversarial.

What to prepare

• A dated chronology of the relationship, separation and the arrangements since
• Your mediation paperwork, or the reason an exemption applies
• Full financial disclosure — payslips, bank statements, pension valuations, mortgage details
• School, nursery and medical information for each child
• A written proposal of the arrangements you say would work, and why

When to get legal advice

This page is general legal information, not legal advice. Family cases are where the gap between an informed and an uninformed party shows most, particularly on finances, pensions and the realistic range of outcomes. If there is domestic abuse, urgent protective orders are available and legal aid may still be available for them. Legal Hotline's free line explains the process any hour on 0800 007 4103, and a one-hour consultation with a UK solicitor (£145, a fixed fee) can be booked right on the call.

Where it is

Official sources