Children · Guide

What happens at a final hearing in a child arrangements case?

At a final hearing the court hears evidence and decides any issues you have not agreed about your child. The child's welfare is the court's paramount consideration.

Starting a case
Responding to a case
Already in court

How long it takes, and what it would cost

On your own: Several days
With Wren: A couple of hours
Solicitor for each hearing: £740 to £1,4803 to 6 hours

Times and hours are Wren’s estimates for a typical case, not quotes. Solicitor costs are those hours at £247 an hour, the courts’ guideline rate for a solicitor with over four years’ experience, outside London (GOV.UK, Solicitors' guideline hourly rates (in effect from 1 January 2026)). The guideline runs from £200 to £295 an hour outside London depending on experience, firms set their own rates, and VAT is added on top.

What the court decides and how

The court applies section 1 of the Children Act 1989. The child's welfare is paramount and delay is likely to harm the child. The court makes no order unless that is better for the child.

The court presumes that involvement of each parent is good for the child, unless there is evidence to the contrary. It must consider this carefully where domestic abuse is alleged.

The child's wishes and feelings.
The child's physical, emotional and educational needs.
The likely effect of any change on the child.
The child's age, gender, characteristics and background.
Any harm the child has suffered or is at risk of.
How able each parent is to meet the child's needs.
The range of orders the court can make.

How evidence is given

At a final hearing, facts are usually proved by witnesses giving evidence in person. The usual order is the applicant, then any party with parental responsibility, then other respondents.

A witness can be cross-examined on everything in their statement. If a witness statement was not served on time, that witness may not be allowed to give oral evidence.

You cannot hand in new witness statements or documents at the hearing unless the rules or a direction allow it.

Preparing

Follow the directions in your last order. The bundle rules set these general steps.

Try to agree the bundle contents with the other party, unless there are safety concerns.
The person responsible serves and files the bundle 5 working days before the hearing.
Preliminary documents, such as the case summary and chronology, go by 11am on the working day before.
Each party files their own position statement, no more than 3 pages in children cases.
For a final hearing, the case summary, statement of issues, chronology and reading list must be single agreed documents, recording any disagreement.

Questioning and protection

In some cases a party may not cross-examine the other in person. This applies, for example, where one party has a conviction, caution or charge for a specified offence against the other. It also applies where a protective injunction is in force.

The court can also make that direction in other cases. If so, it can appoint a qualified legal representative to ask the questions.

The court can also make participation directions, such as screens, a live link or an intermediary. Independent domestic violence advisers can attend without a court order.

Where domestic abuse is found

The court should order contact only if it is satisfied the child can be kept physically and emotionally safe. The same applies to the parent the child lives with. That means before, during and after contact.

Where direct contact is not right, the court must consider whether indirect contact is safe and beneficial. The court should also consider whether to restrict future applications without permission, under section 91(14).

If you or a child are in immediate danger, call 999 and ask for the police. You do not have to reveal your address or contact details to the other party. You can tell the court on Form C8 and they will not be shared unless the court directs.

The decision

The court decides what order, if any, to make. It sets this out in a court order that everyone must follow.

Some family courts use a different approach called the Child Focused Model. There, a Child Impact Report is prepared early and the steps differ from those described here. Cafcass says the model is being rolled out across England and Wales. The final hearing is called a Decision Hearing there.

Key dates

Seven working days before the hearingParties should try to agree the bundle contents.Source: para 13.2 (external source, opens in a new tab)
5 working days before the hearingThe bundle is served and filed by the person responsible for it.Source: para 13.2 (external source, opens in a new tab)
By 11am on the working day before the hearingPreliminary documents not already sent are served and filed.Source: para 13.2 (external source, opens in a new tab)

Get organised with Wren Family

You still run your own case, with help at every step. Wren Family turns long official forms into short, plain-English questions, guides you through each hearing, helps you write statements in your own words, and keeps your dates, papers and orders in one place. Nothing is sent to the court for you.

Get started

Free for 14 days, no card. Then £19.99 a month, with your money back within 14 days if it’s not right.

Common questions

Will I have to give evidence at the final hearing?

Usually, yes. At a final hearing facts are generally proved by witnesses giving oral evidence, and you can be asked questions on your statement.

Can my ex-partner cross-examine me?

Not in some cases. Cross-examination in person is banned where, for example, there is a relevant conviction, caution, charge or protective injunction. The court can also direct it in other cases.

Can I bring new documents on the day?

The rules say a party must not file or serve new statements or documents at a hearing unless allowed. Material that breaks this rule cannot be relied on.

What does the judge base the decision on?

On the child's welfare, using the welfare checklist in the Children Act 1989. The judge considers all the evidence, including any Cafcass report.

What happens if I do not attend?

The court can proceed without a party in some situations, or refuse an application if the applicant is absent. The decision can then be made without hearing from you.

Where these facts come from

These are the official rules and pages this page is based on. They are listed so you can check a detail for yourself; you do not need them to use Wren. They are outside Wren and open in a new tab.

Last checked against its sources on 7 October 2026. How we check our pages.