What to Expect at a Final Hearing in Children Proceedings

24th November 2025

For separating parents: if your case is heading to a Final Hearing, here’s what to expect and
how to prepare.

If agreement has not been reached at earlier stages, your case will be listed for a Final
Hearing. This is where the court typically hears live evidence from the parties and makes a
legally binding decision about your child’s living and contact arrangements.

What happens at the Final Hearing?

At the Final Hearing:

• Both parents typically give oral evidence and are cross-examined on their written statements;
• The Cafcass officer usually attends to give evidence, if their report is disputed or the court requests it;
• The judge will listen to both sides, consider the evidence, and apply the welfare checklist from the Children Act 1989;
• The judge will then make a final and legally binding Child Arrangements Order setting out who the child is to live with and spend time with, and any other related matters.

You must attend the hearing. If you have a solicitor or barrister, they will speak on your
behalf. If you are representing yourself, the judge will guide the process but expect you to
present your case clearly and respectfully.

Will the judge follow the Cafcass recommendations?

While the judge is not bound by the Cafcass report, the court does give it considerable
weight. If you disagree with the report, it is important to provide clear, focused evidence to
explain why another arrangement would better serve your child’s welfare.

How long does a Final Hearing in child proceedings take?

Final Hearings are typically listed for a full day, or more, but the length will depend on the
complexity of the case, the number of witnesses, and court availability.

This guidance assumes that your case does not involve safeguarding or domestic abuse
allegations. If your case involves safeguarding issues, a different structure — including Fact-
Finding Hearings — may apply.

Need help navigating life as a separated parent? You’re not alone — explore our list of separated parenting programmes.

Written by: Yasmin Kahn-Gunns, Family Lawyer