When child arrangements are ordered at a dispute resolution appointment (DRA) or final hearing

• The proceedings may have caused the child distress, confusion and trauma. 
• They may be relieved that proceedings are over and there is clarity about their future – but they may still feel insecure and uncertain, even after the order is made. 

• They are likely to have positive feelings about the proceedings if their views have been genuinely considered and they feel heard and believed. 
• Conversely, they will probably feel resentment or resistance if they think they have been ignored, dismissed or disbelieved, or if the court and practitioners have failed to explain decisions. 
• They may be more accepting of the arrangements ordered if they feel involved in the decision-making. 

• They may feel betrayed and lose faith in the court if they feel the abuse allegations were not believed or acted upon. 
• They may have ongoing feelings that they are not safe, if a fact-finding hearing did not find facts in relation to child sexual abuse or other harms and they feel they have been left vulnerable to the person who has abused them. 

Before the DRA, think about the likely impact of the final decision on the child’s family relationships, friendships, education and activities such as clubs they attend:  

• What impact will it have if they are made to change who they live with or spend time with?  
• What can you do to ensure that they are supported to continue doing the things they enjoy?  
• Will they benefit from having time out from lessons and/or support from a trusted adult in the school environment, for example? 
• How will the child talk to their friends, peers and others about the private law proceedings and the final decision? How can you support them to find the language to explain what is going on for them? 

Additionally, as at all stages of family law proceedings, you should 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 currently appropriate, 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 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. 

Decisions regarding who the child should live with (residence) and spend time with are among the most significant decisions made in private law proceedings: 

• The child’s welfare is paramount. Recommendations should be determined by applying the welfare checklist. Are the proposed arrangements in the child’s best interests?  
• Safety is the first priority. Any evidence which indicates past or present harm, or the potential for significant harm in the future (whether sexual, physical, emotional or psychological) should be central to decision-making. Do the proposed arrangements adequately protect the child from the identified risk? 
• Decisions should be grounded in facts and based on the balance of probabilities – i.e. whether it is more likely than not that abuse occurred. Have allegations and counter allegations of child sexual abuse or other harms, domestic abuse or alienating parental behaviours been evidenced and scrutinised with the same rigour? 

Whatever your role, you may have an opportunity to contribute to decision-making by sharing information with the Cafcass or local authority social worker when they are compiling their assessment(s) and subsequent report(s) for the court. 

Consider changes to the presumption of parental involvement, in cases where harm may be present.

Children (and most parents) won’t understand what a DRA and a final hearing are, why they are important, and what to expect. If you are a practitioner involved in the court proceedings, take the time before the DRA to help the child understand: 

• the purpose of the DRA and final hearing 
• that a decision could be made at the DRA or final hearing 
• who will be at court and what they will talk about 
• how the child’s views will be shared with the court and will influence what happens 
• how they can participate in proceedings (see below) 
• what decisions will be made, and how 
• how they will be informed about the outcome of the DRA. 

Take account of their personal characteristics, and how these may increase their vulnerability and shape their understanding and response. 

You should also have a discussion with the child about: 

• the recommendation for who they should live and spend time with  
• why this has been recommended  
• the facts that the judge found at the fact-finding hearing (if one has happened), the evidence that has been provided to the court, and how this evidence has influenced the judge’s decision-making to date 
• your understanding of their wishes and feelings, and how this has been conveyed to the court 
• how the child’s account of what happened to them has been conveyed to the court. 

Children don’t usually attend hearings in family law proceedings, but there are many ways for them to participate and remain central to proceedings.  

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 
• supporting the child to write a letter to the judge. 

The court may decide it is necessary for the child to provide evidence at the final hearing, but only if the child has the maturity, intelligence and emotional understanding to make their own decisions and comprehend the implications of giving evidence. A ground rules hearing (GRH) will be scheduled to decide what special measure the child needs to give their best evidence. 

After the DRA, be sure to follow the plan you agreed with the child about how to keep them informed, and let them know what decisions were made and how this will affect them. 

If a final hearing has been directed, help them understand: 

• when it will be and what it means for them 
• the timetable that has been agreed 
• any suggestion or decisions made about how they will participate – including, if they will need to give evidence, how this decision was made and what support will be available 

Check with the child whether there is any more information that they would like to share with the court. 

The period immediately following an DRA or a final hearing is often challenging. The judge may have made a Family Assistance Order under Section 16 of the Children Act 1989, which gives direction to a Cafcass social worker (either a Family Court Adviser or a Children’s Guardian) or a local authority social worker to: 

• provide those named in the order with support to navigate post-court arrangements 
• help the family access specific services such as therapeutic support for a child 
• stabilise arrangements and ensure that the arrangements about who the child lives with and spends time with are established successfully 
• reduce conflict by helping parents negotiate and express their thoughts helpfully.