The Final Hearing: What Happens When the Court Decides Your Child Arrangements

Please note: this guide is general information for England & Wales, not legal advice. Every family's situation is different, for advice on yours, speak to a family solicitor or contact Citizens Advice.

A final hearing is the last stage of a child arrangements case in the family court, where a judge or magistrates hear evidence from both parents and decide the arrangements themselves. If your case hasn't settled at the FHDRA, any DRA, or any hearing before this, it will eventually reach this point. This is the last stage, and the one that carries the most weight.

What a final hearing is

• The hearing where the court makes its final decision on where your child lives and how time is shared.
• Unlike the FHDRA (which is about narrowing disagreement) or the DRA (which is about a further push for agreement once evidence is in), the final hearing is about evidence, submissions and, ultimately, a ruling.
• The judge's decision becomes a sealed Court Order that both parents must follow.

For where this sits alongside every other stage of a case, see our family court process hub.

Preparing for the final hearing

Preparation is where cases are won or lost. The court will set directions telling each party exactly what they need to file and by when.

Your position statement

• A position statement sets out what you are asking the court to order and why. It is the backbone of your case.
• If you have a solicitor, get your thoughts down on paper first, then work together to turn it into a child-focused document. The court wants to hear about the child's needs, not a list of grievances.
• The court will usually set a maximum length (in my case, 6 pages) and a maximum number of evidence exhibits (in my case, 10). Stick to these limits, exceeding them frustrates judges.
• Keep it tight. Judges are extremely busy. A concise, well-structured statement lands far better than a rambling one.

If you haven't found the right solicitor yet, our guide on how to find the right family solicitor covers what to look for and how to book a first consultation.

Your evidence

Evidence exhibits support the claims in your position statement. These might include:

• Contact logs and custody records
• Relevant emails, WhatsApp messages or other parental communication
• School or medical correspondence
• Any other documents that demonstrate your involvement or back up a specific point

Quality over quantity. A judge who has to wade through 60 pages of screenshots is not going to thank you. Pick the exhibits that matter most and present them clearly.

Exchanging statements

• The court sets a deadline for filing, usually a few weeks before the hearing.
• Once both you and your solicitor are satisfied, both sides should agree to exchange statements and evidence at the same time.
• This is the first time you see the other parent's full position laid out. Read it carefully, use it to prepare for the hearing with your solicitor.

What happens on the day

• A final hearing is usually booked for at least a full day, expect to be at court from first thing until late afternoon.
• If you are represented, you will meet your solicitor at court (I met mine at 9am). You will be placed in a separate meeting room from the other parent and their legal team.
• Use this time to run through the case together one final time, making sure you are both aligned on direction and strategy.

Live evidence

• Your solicitor may indicate to the court that you are willing to give live evidence, this means both parents taking to the witness box and being questioned by both solicitors.
• The court cannot deny your opportunity to give live evidence, but may indicate they don't consider it necessary.

If live evidence goes ahead:

• The applicant gives evidence first, you take the witness box and are questioned first by the other side's counsel, then by your own representative.
• The respondent follows the same process.

If live evidence is not needed (as in my case), the hearing moves straight to submissions.

Submissions

• Each solicitor (or parent, if unrepresented) presents a verbal summary of their client's position, typically 15 to 20 minutes each.
• This covers why the proposed arrangements are child-focused, any welfare or safeguarding points, and why the court should order what you are asking for.
• The applicant's side usually presents first, followed by the respondent's side.

The decision

• Once both sides have finished, the judge (or panel of judges) will retire to consider their decision. You will be given a rough timescale for when to expect them back.
• When the decision is reached, you are called back into court and the judge reads out the final decision.
• Both sides can then ask for clarifications, this is not a chance to argue, but to make sure the order is understood.
• After the hearing, a final Court Order is drafted by the court and shared with both parties. Once agreed on wording, it is sealed, and that is the order you both follow going forward.

How long does a final hearing take?

Most final hearings are listed for a full day, even if the actual evidence and submissions don't fill every hour. Court lists rarely run to time, so expect waiting around on top of the hearing itself. Straightforward cases without live evidence can conclude faster than a full day, but book the whole day off regardless.

Do I have to give evidence?

Not necessarily. Whether live evidence happens at all depends on whether the court considers it necessary given the papers already filed. The court cannot refuse you the opportunity to give evidence if you want to, but it may also decide, as happened in my case, that the position statements and exhibits already cover what's needed and move straight to submissions instead.

What happens after the final hearing?

The judge's decision is turned into a Court Order. Both parties get the chance to raise clarifications on the wording, though not to reopen the argument, and once the wording is agreed the order is sealed by the court. From that point, it's legally binding, both parents are expected to follow it, and breaching it without good reason can be taken back to court.

Will my child be asked what they want?

Not directly, in most cases. It's very unusual for a judge to speak to a child themselves. Instead, a CAFCASS officer will normally have already gathered the child's wishes and feelings, usually as part of a Section 7 report, and relayed them to the court in writing. The older and more mature a child is, the more weight their views tend to carry, but wishes and feelings are only one part of the welfare checklist the court has to consider, they don't decide the outcome on their own.

Key takeaways

• The final hearing is where the court makes its decision, come prepared with a concise, child-focused position statement and well-chosen evidence.
• Work closely with your solicitor on both your statement and your strategy for the day.
• Exchange statements at the same time and use the other side's position to prepare.
• Be ready for a full day at court, even if live evidence is not required, the process takes time.
• The judge's sealed Court Order is the final word. Make sure you understand it before you leave.