20. Preparing for directions hearings

What is the court trying to achieve at a directions hearing?

Family Procedure Rule 4.1 gives the court wide powers to manage proceedings.

These powers support the overriding objective of dealing with cases justly, having regard to welfare issues, proportionality, delay and the efficient use of court resources.

Directions hearings are about proportionality

Family litigation can easily become overburdened with material.

More statements, more disclosure, more reports and more hearings do not necessarily produce a better welfare decision.

A useful direction should usually answer:

• what unresolved issue does this address;
• why does that issue matter;
• what specific evidence is required;
• who should provide it;
• by when;
• and what will happen once it is available?

Can the court change an earlier direction?

Yes.

FPR 4.1 expressly allows directions to be varied or revoked and dates to be changed or cancelled.

That can matter where:

• new safeguarding evidence emerges;
• a professional report raises an unexpected issue;
• disclosure reveals something material;
• a direction has become impossible or unnecessary;
• the case has narrowed substantially;
• or the existing timetable is no longer realistic.

Start with the previous order: what has actually been complied with?

The most important preparation document is usually the latest sealed order.

Read every numbered direction and build a compliance table before preparing anything else.

Not every breach requires the same response

A missed deadline may be:

• minor and readily corrected;
• caused by a third-party disclosure delay;
• capable of being cured without changing the hearing date;
• material to another party's ability to respond;
• or serious enough to make the existing timetable unfair or impossible.

Explain the actual consequence rather than simply stating that the other party is “in breach”.

Narrow the live issues again

A directions hearing should not automatically carry every issue from the original application forward.

Ask:

• what has now been agreed;
• what has become academic;
• what has already been determined;
• what remains factually disputed;
• what remains a welfare question;
• and what the next substantive hearing will genuinely need to decide.

If you need a direction before the listed hearing

Some applications made during existing proceedings use the Part 18 procedure.

Unless another rule or practice direction provides a different procedure, a Part 18 application normally requires an application notice stating:

• what order is sought;
• briefly why it is sought;
• and a draft of the proposed order.

Notice requirements apply unless the rules, a practice direction or the court permit the application to proceed without notice.

Statements, disclosure and evidence: ask only for what the court needs

Directions hearings often become evidence-planning hearings.

The challenge is to distinguish useful evidence from material that simply increases volume.

Witness statements

Before asking for further statements, identify:

• which factual or welfare issue the statement must address;
• whether the information is already before the court;
• whether a reply statement is genuinely necessary;
• the appropriate sequence of filing;
• and whether the timetable gives each party a fair opportunity to respond.

Third-party disclosure

Disclosure may be important where information is held by:

• police;
• children's social care;
• schools or nurseries;
• health services;
• domestic-abuse services;
• contact centres;
• or another relevant organisation.

But the request should be focused.

What if the disclosure has not arrived?

Establish:

• whether the order was sent to the correct organisation;
• who was responsible for serving it;
• whether receipt was confirmed;
• whether the agency has identified a delay or difficulty;
• what parts, if any, have been received;
• and whether the missing material actually prevents the next hearing from proceeding.

The court can then make a proportionate direction rather than simply adjourning by default.

Domestic abuse evidence

Where domestic abuse remains a material issue, PD12J requires directions to enable relevant contested factual and welfare issues to be tried fairly.

Directions may include:

• a focused allegations table or schedule;
• responses;
• witness statements;
• police, health or domestic-abuse service disclosure;
• third-party witness evidence;
• and listing a fact-finding hearing where necessary.

Cafcass, addendum reports and expert evidence

Do you really need further Cafcass work?

A direction for further Cafcass assessment should identify the information or welfare analysis the court actually needs.

An addendum report may be appropriate where, for example:

• findings of fact have since been made;
• material circumstances have changed;
• important information was not previously available;
• the court has a new focused welfare question;
• or clarification cannot fairly be achieved without further assessment.

It should not be treated as an automatic mechanism for obtaining a second opinion merely because a party dislikes the original recommendation.

Expert evidence is different from Cafcass evidence

Expert evidence in children proceedings is tightly controlled.

It cannot simply be commissioned and placed before the Family Court because one party thinks an expert might be helpful.

Part 25 and section 13 of the Children and Families Act 2014 govern permission for expert evidence in children proceedings.

When should expert permission normally be sought?

FPR 25.6 provides that, unless the court directs otherwise, an application for permission in private-law children proceedings should be made no later than the FHDRA.

That makes late expert applications something to approach carefully.

Sometimes a need could not reasonably have been identified earlier — for example, genuinely new evidence later creates an unforeseen expert issue. PD25A recognises that urgent or unforeseen need for further expert evidence can arise after proceedings have begun.

Single joint experts

Where expert evidence is permitted, the court may direct that evidence on an issue be given by a single joint expert.

The order should deal clearly with matters such as:

• the identity or field of the expert;
• the questions approved by the court;
• the letter of instruction;
• the date by which instructions are sent;
• the report deadline;
• fees and payment arrangements;
• and any assessments or examinations required.

Prepare the directions you want — not just your complaints about the case

Before the hearing, write down each direction you ask the court to make.

For each one, identify:

Prepare a proposed directions table

A simple working table can be extremely useful:

Work backwards from the next hearing

If the next hearing is a fact-finding hearing, the case may need:

• finalised allegations and responses;
• relevant disclosure;
• witness statements;
• participation directions;
• witness attendance decisions;
• a realistic time estimate;
• and a compliant bundle.

If the next hearing is a final welfare hearing, the directions may instead need to ensure:

• Cafcass or other welfare evidence is complete;
• findings are accurately reflected in later reports;
• final statements are filed;
• professional attendance is considered;
• the child's wishes and feelings are available where appropriate;
• and the court knows precisely what final orders each party seeks.

Domestic abuse and participation directions

A directions hearing is also an opportunity to make sure a later substantive hearing can take place safely and fairly.

Where domestic abuse or vulnerability is relevant, consider whether the court needs to address:

• screens;
• remote participation;
• separate waiting or arrival arrangements;
• communication support;
• breaks;
• interpreter requirements;
• prohibition of cross-examination in person where applicable;
• or other participation directions under Part 3A.

The hearing itself, the 2026 bundle rules and what to check afterwards

What should you bring?

At minimum, have immediate access to:

1. the hearing notice;
2. the latest sealed order;
3. your compliance audit;
4. any report filed since the last hearing;
5. the specific disclosure or evidence in dispute;
6. a concise list of live issues;
7. your proposed directions;
8. and the dates of any future hearings already listed.

The 2026 bundle rules

The revised Practice Direction 27A came into force on 2 March 2026.

It applies to directions hearings as well as substantive hearings.

The key discipline is that the bundle should contain only documents relevant to the hearing which the court needs to read or which will actually be referred to.

PD27A specifically identifies categories which should not simply be inserted wholesale without a court direction, including:

• general correspondence;
• emails and messages;
• WhatsApp or social-media communications;
• voice notes and recordings;
• whole social-services files;
• contact logs;
• and photographs.

Specific items from those categories may still be included where the court genuinely needs to read or refer to them.

E-bundles are the default unless exceptional circumstances apply, and the default maximum e-bundle length is 350 pages unless the court gives permission to exceed it.

How to address the judge

Keep the discussion procedural:

Common mistakes

• arriving without having checked compliance with the previous order;
• asking for “all records” without explaining relevance;
• seeking an addendum report simply because you disagree with Cafcass;
• asking for an expert without addressing necessity;
• seeking a late expert without explaining why the need could not reasonably have been identified earlier;
• focusing on procedural blame rather than the remedy required;
• asking for dates that are impossible for professionals or parties to meet;
• forgetting to allow one direction to occur before a dependent direction;
• failing to identify what the next hearing is intended to decide;
• and leaving court without understanding each deadline.

After the hearing

Create a fresh deadline table immediately.

For every direction record:

• the exact task;
• who is responsible;
• filing deadline;
• service deadline if different;
• any dependency on another direction;
• and the consequence for the next hearing.

When the sealed order arrives, check it against your hearing note.

Primary sources and official guidance

1. Family Procedure Rules — Part 4 — general case-management powers, disclosure, timetables, separate issues and variation of directions.
2. Practice Direction 12B — Child Arrangements Programme — case management, evidence, DRAs and preparation for final determination.
3. Practice Direction 12J — Domestic Abuse & Harm — directions concerning allegations, evidence, disclosure, fact-finding and safeguarding.
4. Family Procedure Rules — Part 18 — procedure for applications made during existing proceedings where applicable.
5. Family Procedure Rules — Part 25 — expert evidence, permission, questions, reports and single joint experts.
6. Practice Direction 25A — urgent and unforeseen expert-evidence issues.
7. Practice Direction 25B — expert duties, reports and attendance.
8. Family Procedure Rules — Part 3A — vulnerability and participation directions.
9. Practice Direction 27A — Family Proceedings: Court Bundles — current 2026 bundle responsibility, content, format and filing requirements.
10. Judiciary — Preparing Court Bundles: Guide for Litigants in Person — practical guidance accompanying the revised PD27A.