Chapter six - court hearings

What Is A Directions Hearing?

The next stage of the proceedings involves the Directions Hearing. Generally this hearing is fairly short and is used as an opportunity to clarify what issues are in dispute and/or need further investigation. The Children Act specifies that there must not be any unnecessary delay in dealing with cases which concern children. Therefore, at the Directions Hearing a timetable will be drawn up for dealing with your case. This will set deadlines for certain actions such as preparation of Welfare Reports, submission of expert's reports, joining interested people as parties to the case, etc.

If the court feels that it is necessary to make a decision immediately in the ‘best interests of the child', an interim order can be made which will take effect immediately and last until a final decision has been reached.

What Can I Expect To Happen In Court?

In this website we do not provide much information about court hearings as these can and do vary from case to case. You can contact FRG for further information and advice on what to expect at a hearing, or if you need specific advice relating to a point of law or procedure.

Key Points About Representing Yourself In Court

• Children Act cases are held in private. They will not be publicly reported. Generally the proceedings are fairly informal and often the lawyers will not wear wigs and gowns. Hearings may take place in fairly small rooms (‘in chambers') rather than in a court.
• It is extremely unlikely that the court will deal with your case in one hearing. You may need to go back on several occasions, may be ordered to file ‘statements of evidence' by a particular date. In addition, at some hearings you may need to give oral evidence.
• As the Applicant you will be expected to make the opening statement to the court. This does not need to be long, but should be a simple, clear explanation of why you are applying for an order. You might simply want to read out the short statement you made in Box 4 of Form C2 (your reasons for applying and any plans for the child(ren)).
• As we have noted above family cases tend to be fairly informal so as long as you are polite and respectful to all of the parties, you do not need to be too worried about legal matters. You can usually ask the judge for assistance if you do not understand what you are being asked to do, and indeed the opposing barrister will usually be expected to explain matters clearly to you. In some cases un-represented family members have reported that the opposition's legal advisor has been pressurised by the judge to act as their guide to the law in an attempt to ensure that the relative has a fair hearing.
• Once you have made your statement the opposing lawyer/individual will be invited to reply to your statement and the judge or magistrates will ask questions to clarify anything which seems unclear. If you are at a hearing where a Welfare Report is being considered and the CAFCASS officer is present, you will be able to ask them questions or make comments about the report. Remember not to be too long-winded when you are asking or answering questions.
• If you are called to give evidence you will need to talk about any supporting statement you have made and may be cross-examined (under oath) by the opposing side's barrister. The judge may also ask you questions directly.
• All of this may sound intimidating, but the judge or magistrate will not allow the lawyer to harass you, and some judges say that they gain a far better picture of the family situation and dynamics from listening to relatives give evidence rather than simply reading statements and welfare reports.
• You will be expected to attend all court hearing unless the court tells you that you are not required to attend on a particular date.
• You can of course take along a friend or relative to give you support if you have obtained permission from the court. Remember though that they are not able to give evidence on your behalf unless the court has granted them permission to act as a witness. If they are a witness to the case they will not usually be able to remain in the court until after they have been called to give evidence.
• Finally, if for some reason you decide to withdraw your application for an order it is only possible to do so with the permission of the court. Do think very carefully before you decide to withdraw an application as you may be simply reacting to a stressful experience or understandable anxiety or depression if the case appears to be taking a long time to be resolved. You can always call the FRG advice line to discuss your concerns before taking any major step which you might later regret.

What Orders Might I Obtain?

Interim (and other) Orders
It is also worth noting that although you have applied for a Residence Order the court can decide NOT to make any order if this is in the best interests of the child(ren) or to make an order other than the one you applied for (see the Welfare Checklist).

More commonly though, a court might decide to make an Interim Residence Order. This means that you can receive a temporary Residence Order, which gives you all of the powers and responsibilities associated with a RO but it only lasts until the court makes a Full Order. This interim order could last for three or six months or so, and is a way of making sure that you have the powers to care for your grandchild and take decisions about his/her upbringing until such time as the court has investigated further and decided what order to make. Interim orders are not uncommon if a court feels that they would like to see how well the children settle in their new circumstances, or the social work department want to review the situation in a few months, so do not panic or worry too much if you do not receive a full (or final) Residence Order at this stage. It can be distressing knowing that you have to go back to court in a few months and that you might have to be visited by CAFCASS officers again during the interim period, but the court is simply trying to come to a clear decision about what is in the best interests of your grandchild. Many, many families who receive an interim order go onto to obtain a full Residence Order some months later.

Next - Welfare Reports