What is a Directions Hearing in Family Court?

A ‘directions hearing’ is a court hearing at which a judge gives instructions (known as ‘directions’) regarding how the matter will be handled. It is not a hearing where the court makes a final decision about the dispute itself. Its purpose is to ensure that the case is properly prepared for future hearings and, ultimately, for a final decision if the matter does not reach agreement.

You may be asked to attend a directions hearing if you are a party to proceedings in the court. Attendance is generally required in person, unless the court directs otherwise. Directions hearings occur in a wide range of family legal proceedings, including disputes about child arrangements and financial remedy cases following divorce. The purposes of a directions hearing include:

• Identifying the issues that are genuinely in dispute between the parties
• Deciding what evidence the court will need in order to resolve those issues
• Setting a timetable and deadlines for each party to comply with, and
• Ensuring the case is handled fairly and proportionately, in keeping with the overriding objective under the Family Procedure Rules.

A directions hearing is typically the first hearing after family court proceedings are issued. For example, in financial remedy proceedings, the First Directions Appointment (FDA) (a type of directions hearing) normally takes place after a Form A has been filed with the court.

What happens in a directions hearing in the family court?

A directions hearing focuses on managing the case rather than deciding its substance. At a directions hearing, the judge will:

• Review the court documents and any material that has been filed so far
• Ask short questions to clarify what is in dispute and what is needed
• Give directions specifying what each party must do and by when, and
• Set a timetable for the next stages of the case, including deadlines for filing documents and the date of the next hearing.

In private children cases, the first court hearing is usually a First Hearing Dispute Resolution Appointment (FHDRA), which includes a directions stage but is also designed to encourage early resolution. In financial remedy proceedings following divorce, the case typically begins with a First Directions Appointment (FDA), which is a form of directions hearing focused on identifying financial issues and giving disclosure directions.

What happens at a First Hearing Dispute Resolution Appointment (FHDRA)?

The FHDRA is usually the first court hearing in a private children case (e.g. a dispute about where a child should live or about contact arrangements) after a parent files a C100 application. Although an FHDRA includes a directions stage, it is also an early dispute-resolution hearing. As such, its purpose is not just to agree on how the case will proceed, but also to explore whether the parents can reach an agreement without the need for a contested final hearing.

At the FHDRA, the following typically takes place:

• The judge reviews the safeguarding letter prepared by CAFCASS (the Children and Family Court Advisory and Support Service), which will have carried out initial checks on both parties
• A CAFCASS officer will usually be present and may speak with both parties before the hearing
• The court encourages the parents to reach an agreement, if it is safe and appropriate to do so, and
• If an agreement is reached, the court may make a consent order recording its terms.

If no agreement is reached, the judge will give directions to progress the case to the next stage. These may include:

• Ordering a section 7 welfare report from CAFCASS or a local authority, to assess the children’s welfare and make recommendations
• Ordering drug or alcohol testing where there are relevant concerns
• Setting a fact-finding hearing if one party has made allegations of domestic abuse or other serious conduct that the court needs to determine
• Ordering witness statements from the parties, and
• Scheduling the date and purpose of the next hearing.

What happens at a First Directions Appointment (FDA)?

The FDA takes place in financial remedy proceedings, typically after one spouse has asked the court to resolve the division of financial assets following divorce or dissolution of a civil partnership. No final decision about how the assets are to be divided will be made at the FDA.

Before the FDA, both parties are required to exchange and file with the court a full financial statement known as Form E. Form E requires each party to provide a comprehensive account of their assets, income, liabilities, pensions, needs, and contributions. Forms are exchanged simultaneously so that neither party can adjust their disclosure in response to what the other has disclosed.

Not less than 14 days before the FDA, each party must also file and serve a concise statement of the issues between the parties and a questionnaire setting out any further information or documents they require from the other party.

At the FDA, the following typically takes place:

• The judge reviews the financial disclosure provided by both parties in their Form E
• Each party can raise questions about the other party’s financial position and seek further information or documents
• The judge decides what further evidence is required before the case can move forward (e.g. a property valuation, a pension report, or answers to questionnaire questions), and
• The court sets a timetable for the next steps and any outstanding disclosure.

Both parties are personally required to attend the FDA unless the court directs otherwise. The next hearing after the FDA is usually a Financial Dispute Resolution (FDR) hearing, at which the judge will give a non-binding indication of how they consider the case should be settled, with the aim of encouraging the parties to reach an agreement.