The Family Court holds a First Hearing Disputes Resolution Appointment (FHDRA)

• The child may already be coping with family separation and conflict, and proceedings add a new element of uncertainty. 
• They may not understand what a court hearing is, especially if their knowledge depends on what their parents have shared with them. Mixed messages from the parents can leave the child confused and with limited information. 
• They may feel ‘left in the dark’, filling in information gaps with their imagination based on fear and anxiety. 
• Conversely, they may be over-involved if adults are speaking openly to them about the court proceedings. 
• A lack of understanding may make them feel particularly vulnerable or ‘invisible’. 

• Uncertainty and stress may increase for both parents as proceedings begin, possibly affecting the emotional care and safety the child feels they are receiving. 
• The child may feel conflicted or responsible if allegations are discussed with them, especially when the police or children’s social care are involved. 
• When child sexual abuse or other harms are raised, the child may feel uncomfortable, embarrassed, ashamed, or pressured to keep secrets or protect parents. 
• Conflicted loyalty may arise if the parents make allegations and counter-allegations, pressuring the child to take sides. 
• The court’s involvement shifts decision-making from parents to strangers, which may exacerbate feelings of vulnerability and uncertainty. 

• Consider the vulnerability and individual needs of the child, any parent or carer assessed/assumed to be ‘safe’, and any other vulnerable children or adults in the home. Think about whether and how their personal characteristics may increase their vulnerability and shape their response to their abuse. 
• Consider the child’s individual needs,  
• Tell the court about any factors which could limit the child’s (or another party’s) ability to participate in proceedings. 
• Consider whether the child would benefit from support from a registered intermediary, who can support them to understand the court process. 

It’s important to consider: 

• the child's immediate and long-term care, support and therapeutic needs, including their readiness and willingness to engage with therapy 
• the safe parent(s)’ emotional and support needs, including whether they need support to understand their child’s care and support needs 
• the immediate and long-term care and support needs of other children and vulnerable people in the home, bearing in mind that they too may have been sexually abused 
• the care, support and therapeutic needs of any children in the home who have engaged in harmful sexual behaviour. 

If therapy is not appropriate at this time, consider any barriers that the child faces to accessing therapy, and reasons why there may be opposition to therapy from family or other practitioners. Remember, though, that the Crown Prosecution Service says children can receive emotional support and therapy during a police investigation. 

Any therapeutic support given should have clear ground rules, and should be mindful of any open investigations and the potential to affect or influence any evidence the child may give in criminal law proceedings or family law proceedings.

The judge may make a range of directions to provide evidence which will enable the court to make safe and just decisions. These may include directions for: 

• disclosure of evidence from agencies such as the police or children’s social care 
• an assessment by a Cafcass or local authority social worker, such as a section 7 or section 37 report 
• consideration of whether the person of concern may pose a risk to other children who may visit the home 
• an expert assessment. 

Whatever your role and relationship to the child and family, you can contribute to these assessments so that the child’s voice remains central. 

Keeping children engaged and informed is a way of ensuring their voice is heard and they are at the centre of their case. Whatever your role in relation to the child and their ‘resident parent’: 

• ensure they have access to adequate and timely information, presented in child-focused and accessible ways 
• support the parent to talk to practitioners about their own worries and anxieties, rather than discussing them with the child 
• support the parent to understand family law proceedings, so they can support the child’s understanding 
• support the parent to access legal advice, if they haven’t already. 

If you are a practitioner involved in the Family Court proceedings, before the FDHRA you should: 

• consider what the child already knows and may need to know about the Family Court proceedings, especially if it is part of any child protection plan or child in need plan in place 
• explain what will happen at the hearing and what decisions might be made 
• if there are a number of agencies (such as the police, children’s social care, etc) involved at this stage, ensure they are all communicating clearly and consistently with the child. 

After the FDHRA: 

• tell the child and parent about any further assessments that need to be completed, and their role (if any) in the assessment 
• if a fact-finding hearing has been directed, help them understand what will happen, their role in it, and how it will help with final decisions. 

Remember that ‘telling’ about sexual abuse is a process, not an event. Do not expect a ‘one-off’ conversation where the child speaks openly about everything that has happened to them. If you are a practitioner involved in the Family Court proceedings: 

• make sure the child knows how they can share more of their account and who they can share it with 
• help them identify safe adults to speak to 
• let them know how they can correct adults if they have been misunderstood or have heard adults say something that is incorrect – some children may feel they need permission to correct adults 
• always ask them whether there is any more information that they would like to share with the judge. 

Different practitioners can facilitate the child’s participation in private law proceedings in different ways: 

• Cafcass’s primary role is to be the voice of the child and to ensure their best interests are represented. 
• Children’s social care lead on safeguarding, sometimes jointly with police. 
• The child’s solicitor, if appointed, will advocate for the child's voice, instruct experts, and provide legal counsel to ensure that the court understands the child’s perspective. 
• The court will ensure that the child’s best interests are paramount and, if the child will give evidence, use special measures to support them in this. 

You can support the child’s participation by: 

• checking whether they want to meet the judge or visit the court 
• asking the judge to write the child a letter explaining any big decisions that have been made 
• support the child to write a letter to the judge.