If you are involved in child arrangements proceedings, reaching a final hearing can feel daunting. By that stage, there may already have been several earlier hearings, statements, reports, and attempts to resolve matters. It is often the point at which the court will make a final decision about the arrangements for a child if agreement has not been reached.
For many parents, this stage brings a lot of uncertainty. They want to know what the hearing will involve, what the judge will consider, what documents may be needed, and whether they can get help from a barrister without instructing a solicitor.
This guide explains what usually happens at a final hearing in child arrangements proceedings, and how a direct access barrister may be able to assist. If you are looking for broader support with family law children matters or want to understand more about child arrangement orders, these pages may also be helpful.
What Is A Final Hearing In Child Arrangements Proceedings?
A final hearing is the hearing where the family court decides the outcome of a child arrangements case if the parties have not been able to agree matters beforehand.
In most cases, the court will have already considered the issues at earlier stages. This may include a First Hearing Dispute Resolution Appointment, directions hearings, or in some cases a fact-finding hearing if allegations needed to be determined first.
By the time a case reaches a final hearing, the judge will usually have the evidence needed to decide matters such as:
- where a child should live
- when a child should spend time with each parent
- how handovers should take place
- whether there should be indirect contact, such as phone or video calls
- any conditions needed to support the child’s welfare
The final order made by the court is intended to set out the arrangements going forward, although in some cases a future review hearing may still be listed.
When Does A Child Arrangements Case Go To A Final Hearing?
Not every child arrangements case will need a final hearing. Many cases are resolved by agreement, either before proceedings begin or at some point during the court process.
A final hearing is more likely where:
- parents cannot agree on the arrangements for the child
- there are ongoing concerns about welfare or safety
- one or both parties dispute the evidence being relied on
- recommendations from Cafcass or another professional are not accepted by everyone involved
- the court considers it necessary to hear oral evidence before making a decision
If agreement is reached before the final hearing, the court may instead be asked to approve a consent order.
What Does The Court Look At?
The court’s main concern is always the welfare of the child. The judge will not simply decide what seems fair for the adults. The focus is on what arrangement is in the child’s best interests.
When making a decision, the court will apply the welfare checklist under the Children Act 1989. Depending on the age and circumstances of the child, this may include consideration of:
- the child’s wishes and feelings
- the child’s physical, emotional, and educational needs
- the likely effect of any change in circumstances
- the child’s age, sex, background, and any relevant characteristics
- any harm the child has suffered or may be at risk of suffering
- how capable each parent is of meeting the child’s needs
What Happens Before The Final Hearing?
At the beginning of the hearing, the judge may deal with any preliminary issues. This can include checking who is present, confirming what documents have been filed, identifying the issues the court needs to decide, and dealing with any matters that need to be addressed before evidence begins.
There may also be discussion about whether any points can still be agreed, even at this late stage.
Evidence from each party
If the case remains contested, the court will hear evidence from the parties. This usually means each party confirms their written statement and may then be asked questions.
Questions may be put by the other party’s representative, or by the other party directly if neither side has legal representation and the court allows it. The judge may also ask questions.
The purpose is not simply to repeat everything in the written evidence. It is to clarify important points, test the evidence, and help the court understand the issues in dispute.
Evidence from Cafcass or other professionals
Where a Cafcass officer has prepared a report, they may also be asked to give evidence and answer questions. The judge will often place significant weight on a well-reasoned Cafcass recommendation, although it is not binding on the court.
If there are other professional witnesses, such as a social worker, they may also give evidence if required.
Closing submissions
Once the evidence has been heard, each side is usually given the opportunity to make submissions. This is where the parties or their representatives explain what order they say the court should make, and why.
A barrister’s role at this stage can be particularly valuable. Written and oral evidence may be extensive, emotions may be running high, and the court will expect the issues to be presented clearly and concisely.
The judge’s decision
The judge may give judgment at the end of the hearing, or they may reserve judgment and give the decision later. If judgment is given on the day, the judge will explain the reasons for the decision and what order will be made.
The final order may deal with matters such as:
- where the child lives
- the time the child spends with each parent
- holiday arrangements
- telephone or video contact
- arrangements for special occasions
- any steps that need to be taken by either parent
What Documents Might Need To Be Drafted?
The documents required for a final hearing will vary, but commonly include the following.
Witness statement
A witness statement is often one of the most important documents in the case. It sets out a party’s evidence in writing and may cover the background, the current arrangements, the issues in dispute, and the order being sought.
A weak or unclear statement can make it harder to present a case effectively. Some clients choose to prepare a draft themselves and ask a barrister to review or refine it. Others may prefer the statement to be drafted for them professionally.
Position statement
A position statement is a shorter document prepared for a hearing. It explains the party’s position at that stage, identifies the key issues, and summarises what order is being sought.
This can be especially useful at a final hearing where the judge needs a clear overview of the live issues.
Chronology
A chronology is a timeline of key events. In children cases, this can help the court follow the history of the matter, particularly where there has been a long-running dispute or a number of important incidents.
Schedule of issues
In some cases, it is helpful to prepare a concise list of the issues the court needs to determine. This can assist the judge and keep the hearing focused.
Draft order
Sometimes a draft order may also be prepared, particularly where there is some agreement or where a party wishes to help the court with the wording of a proposed outcome.
Not every case will require all of these documents, and the court’s directions should always be followed carefully.
Can You Instruct A Barrister Directly For Help With A Final Hearing?
In many cases, yes. Under the direct access scheme, clients can instruct a barrister without first going through a solicitor.
This can be particularly helpful in child arrangements proceedings where a client may want support with a specific stage of the case, such as:
- advice on the strength of their position before the final hearing
- drafting or reviewing a witness statement
- advice on the evidence
- representation at the final hearing
For some clients, direct access is a more flexible and cost-effective option. It can also give them direct communication with the barrister who will be advising or representing them.
That said, whether direct access is suitable depends on the circumstances of the case. In some matters, additional support from a solicitor may still be appropriate, particularly where there are extensive documents, multiple applications, or a high level of procedural complexity. You can read more about Barristers First’s wider approach to family law and how direct access representation may work in practice.
Why Preparation Matters
A final hearing is not simply a conversation about what each parent wants. It is the stage at which the court will usually decide the case based on the evidence before it.
Good preparation can make a significant difference. That means understanding the issues, making sure the evidence is properly presented, and ensuring the court has the documents it needs to deal with the case fairly.
For litigants in person, the process can feel unfamiliar and overwhelming. Even limited support from a specialist family barrister can help bring structure, clarity, and confidence to the hearing.
Speak To Barristers First
At Barristers First, we connect clients directly with experienced family law barristers who can assist with child arrangements proceedings on a direct access basis.
Whether you need advice ahead of a final hearing, help drafting key documents, or representation at court, we can help you find the right barrister for your case.
If you are due to attend a final hearing in child arrangements proceedings and want advice tailored to your circumstances, get in touch with Barristers First to discuss your options.
Important Note
This article is for general information only and does not constitute legal advice. Family law cases depend on their individual facts, and you should seek advice tailored to your specific circumstances.
