22. Preparing for final hearings

What is actually left for the judge to decide?

Start with the latest sealed order and any DRA or final case-management order.

By final hearing, the issues should be much narrower than they were when proceedings began.

PD12B provides that at the DRA the court should identify the key unresolved issues, identify the evidence to be heard at final hearing and give final case-management directions.

Separate findings from remaining welfare questions

If the court has already conducted fact-finding, prepare a clear list of:

• findings made;
• allegations not proved;
• admissions;
• facts agreed between the parties;
• and factual issues which genuinely remain live.

What has changed since earlier hearings?

Final hearing preparation should also identify genuine changes such as:

• the child becoming older or expressing different wishes;
• successful or failed interim contact;
• new school or health information;
• completion of intervention work;
• further safeguarding incidents;
• changes in accommodation or distance;
• new sibling circumstances;
• or changed professional recommendations.

Apply the Children Act welfare framework to the actual evidence

Section 1 of the Children Act 1989 places the child's welfare at the centre of decisions about their upbringing.

In a contested section 8 case, the court considers the statutory welfare checklist.

Welfare is individual

There is no universal “normal contact order” which the court simply applies to every child.

Practical arrangements may depend on:

• the child's age;
• school timetable;
• distance between homes;
• additional needs;
• relationship history;
• siblings;
• domestic abuse or other safeguarding findings;
• existing contact experience;
• the child's wishes and feelings;
• and each parent's capacity to implement the arrangement safely.

Delay and stability

Delay can itself prejudice a child's welfare.

But the fact that an interim arrangement has existed for a long time does not automatically make it the correct final arrangement.

The court considers both:

• the importance of stability; and
• whether maintaining the present arrangement would actually serve the child's welfare.

Where domestic abuse has been established

PD12J requires the welfare analysis to be undertaken in light of the established domestic abuse.

The court must consider the harm already suffered, future risk and whether any proposed contact can take place safely and beneficially.

The analysis may include:

• the nature and seriousness of the abuse;
• its effect on the child;
• its effect on the parent with whom the child lives;
• whether the perpetrating parent recognises the harm;
• the capacity for change;
• whether behaviour during contact is likely to be safe;
• the child's wishes and feelings;
• and whether safeguards can realistically manage the identified risk.

Witness statements, oral evidence and cross-examination at final hearing

Part 22 FPR provides that, as a general rule, facts which need to be proved through witnesses are proved at final hearing by oral evidence.

Where a witness statement has been served and the witness is called, the statement normally stands as that witness's evidence-in-chief.

If you want to rely on a witness

Check:

• whether the court permitted or directed their evidence;
• whether their statement was filed and served on time;
• whether they are required to attend;
• whether the hearing template allocates time for their evidence;
• and whether any participation arrangements are required.

Giving evidence

When you are giving oral evidence:

• listen carefully;
• answer the question asked;
• ask for clarification if you do not understand;
• say when you do not know or cannot remember;
• do not guess;
• distinguish your own knowledge from information obtained from others;
• use the bundle page if a document helps you answer accurately;
• and avoid turning each answer into an argument or speech.

New evidence at the final hearing

A witness does not have an automatic entitlement to expand a statement significantly at final hearing.

Part 22 allows the court to permit a witness to amplify the statement or deal with genuinely new matters arising since service, but permission is required and the court considers whether there is good reason.

Cross-examination

A witness called at final hearing may be questioned on their statement and evidence.

Where domestic-abuse cross-examination restrictions apply, the arrangements under Part 4B, PD3AB and any existing court directions must be followed.

Participation arrangements should have been resolved before the final hearing rather than improvised after evidence has begun.

Cafcass recommendations and professional evidence at final hearing

A Cafcass or Cafcass Cymru recommendation may be highly influential, but it remains professional evidence and advice.

The Family Court retains responsibility for the final welfare decision.

Is the FCA attending?

Do not assume that the author of a section 7 report will automatically attend the final hearing.

PD12B requires the court to consider whether attendance is necessary and, if so, on what issues the FCA or Welsh Family Proceedings Officer will give evidence.

Check the final directions order.

Challenging the recommendation

A focused challenge might concern:

• a material factual error;
• a recommendation inconsistent with existing findings;
• important evidence apparently omitted;
• reliance on an allegation which remains unproved;
• a reasoning gap between evidence and recommendation;
• failure to integrate domestic-abuse findings;
• the child's wishes being misunderstood;
• or a proposal which is practically unworkable.

D [2026] EWCA Civ 969

The Court of Appeal's decision in D is a current reminder that professional risk assessment and judicial fact-finding perform different functions.

If a welfare recommendation materially rests on disputed domestic-abuse allegations being treated as true, the court must be satisfied that the correct factual process has occurred rather than allowing professional assessment to substitute for findings the court itself needs to make.

Child's wishes and feelings

The child's ascertainable wishes and feelings are part of the statutory welfare analysis, considered in light of the child's age and understanding.

They are important but should not be treated as though the child carries responsibility for making the final decision.

Separate:

• what the child actually said;
• how and when their views were obtained;
• the professional interpretation;
• the child's age and understanding;
• any evidence relevant to context;
• and the weight the court should give those wishes within the complete welfare assessment.

Know exactly what final order you are asking the court to make

One of the most common weaknesses in final-hearing preparation is being very clear about what the other parent has done wrong but vague about the order the court should actually make.

Build a final-order comparison

Position statement

Under the current PD27A, a position statement in non-financial family proceedings should ordinarily be concise and no more than three pages unless the court directs a different maximum because of complexity.

It should:

• define and confine the matters to be determined;
• use numbered paragraphs;
• cross-reference relevant bundle pages;
• be self-contained;
• avoid extensive quotation;
• not introduce new evidence;
• not contain exhibits;
• and state the final orders sought.

Suggested final-hearing position statement structure

Closing submissions

Closing submissions are where you bring the evidence and legal framework together.

A useful structure is:

1. identify the remaining issue;
2. identify the relevant factual platform;
3. identify the most important current evidence;
4. address the relevant welfare checklist factors;
5. address safeguarding and risk;
6. address the Cafcass recommendation;
7. compare the practical consequences of the available orders;
8. and state precisely what order you invite the court to make.

Skeleton arguments

A skeleton argument may be directed where legal argument requires it.

Do not assume every private-law children final hearing requires one.

Follow the court's directions and PD27A. A skeleton argument is distinct from the position statement.

Hearing day, court bundle, judgment and the final order

Final-hearing bundle

The 2026 version of PD27A requires preliminary documents for final hearings to be concise and properly cross-referenced.

In private-law proceedings these can include:

• an up-to-date case summary;
• an agreed statement of the issues to be determined;
• each party's current position statement;
• a skeleton argument where appropriate;
• an agreed up-to-date chronology;
• an agreed list of essential reading;
• and an agreed witness/hearing template or timetable.

Current PD27A limits

Unless the court specifically directs otherwise:

• a non-financial position statement is ordinarily limited to 3 pages;
• a chronology is limited to 10 pages;
• a list of essential reading is limited to 1 page;
• a witness statement or affidavit is limited to 25 pages excluding exhibits;
• an expert or other report is limited to 40 pages, including a short executive summary where applicable;
• and an e-bundle is ordinarily limited to 350 pages without permission to exceed that limit.

The final-hearing sequence

The precise order depends on the judge's directions, but the hearing may include:

1. preliminary procedural issues;
2. short openings where required;
3. oral evidence from the parties;
4. evidence from Cafcass or other professionals where directed;
5. other witnesses;
6. cross-examination or judicial questioning;
7. closing submissions;
8. judgment;
9. and discussion of the terms of the final order.

Judicial continuity

PD12B treats judicial continuity as an important objective throughout private-law proceedings.

Where fact-finding has already occurred, PD12J provides strong protection for the subsequent hearings remaining before the same judge or appropriate judicial tribunal, subject to the limited exception identified in the Practice Direction.

Judgment

The judgment explains the judge's decision and reasons.

Listen for:

• the factual basis relied upon;
• the judge's evaluation of the welfare factors;
• the treatment of Cafcass or other professional evidence;
• the child's wishes and feelings;
• the safeguarding analysis;
• the reasons for accepting or rejecting competing proposals;
• and the final order the judge intends to make.

Check the final order carefully

The order should translate the judgment into workable provisions.

Check matters such as:

• where the child lives;
• term-time family time;
• school holidays;
• Christmas, birthdays and other important dates;
• collection and handover arrangements;
• indirect communication;
• supervision or supported contact;
• progression arrangements;
• travel or passport provisions;
• specific issue or prohibited steps provisions;
• any section 91(14) order;
• and any further review or implementation requirements.

Primary sources and official guidance

1. Children Act 1989 — section 1 — paramountcy, delay and the welfare checklist.
2. Practice Direction 12B — Child Arrangements Programme — DRA, final case management, Cafcass attendance, final hearing preparation and judicial continuity.
3. Practice Direction 12J — Domestic Abuse & Harm — post-findings risk assessment, welfare analysis and safe child-arrangements orders where domestic abuse has occurred.
4. Family Procedure Rules — Part 22 — witness statements, oral evidence, cross-examination and evidence at final hearing.
5. Practice Direction 22A — Written Evidence — witness statements and the relationship between written and oral evidence.
6. Family Procedure Rules — Part 3A — vulnerability and participation directions.
7. Practice Direction 3AB — prohibited cross-examination in person and QLR procedure where applicable.
8. Practice Direction 27A — Family Proceedings: Court Bundles — current 2026 bundle, preliminary-document, page-limit and hearing-template requirements.
9. Judiciary — Preparing Court Bundles: Guide for Litigants in Person — practical bundle guidance.
10. D (Change of Circumstances: Domestic Abuse Allegations) [2026] EWCA Civ 969 — current authority on professional risk assessment, disputed allegations and welfare decision-making.

25 questions to answer before final hearing