Final Hearing — How to Present Your Case

Plain‑English Briefing for a Litigant‑in‑Person (LIP) Attending a Final Hearing in a Child Arrangements Case

*(England & Wales – Family Court)*

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1. What the Final Hearing Decides

The judge’s job at the final hearing is to make a final order about the children’s living and contact arrangements. The order can cover:

• Residence (who the child lives with) – sometimes called “live‑with” or “primary care” order.
• Contact (how the child spends time with the other parent or relatives) – can be defined as specific days, times, overnight stays, supervised contact, etc.
• Specific Issue Orders – decisions on particular matters, e.g. which school the child attends, medical treatment, or relocation abroad.

The judge will base the order on what is best for the child’s welfare (the “welfare checklist” – see section 5). The hearing is the last chance for both sides to present evidence and arguments before the judge decides.

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2. Preparation Checklist

| Item | Why you need it | Tips for preparing it |

|------|----------------|-----------------------|

| Trial bundle (also called the “court bundle”) | All documents the judge will rely on – statements, reports, photos, school records, etc. | • Assemble in chronological order.
• Number each page.
• Include a contents list.
• Bring at least two copies (one for the judge, one for the other party). Keep a spare for yourself. |

| Position statement (usually filed before the hearing) | Sets out your case in a nutshell – what you want the court to order and why. | • Keep it to 1‑2 pages.
• Use clear headings (e.g. “What I seek”, “Why it is in the child’s best interests”).
• Refer to the welfare checklist factors where relevant. |

| List of questions for cross‑examination | Helps you test the other party’s evidence and highlight any inconsistencies. | • Write short, open‑ended questions (“Can you tell the court what happened on …?”).
• Avoid arguing; just seek clarification.
• Have a backup list in case the witness answers unexpectedly. |

| Spare copies of all documents | The judge, the other party, and the court clerk may each need a set. | • Aim for 3‑4 sets (judge, other party, clerk, you).
• Use a sturdy folder or binder; label each set. |

| Notes & reminders | Keeps you focused during the hearing. | • Bullet‑point key points you want to make.
• Highlight any dates, times, or incidents you need to mention. |

| Contact details for your solicitor or adviser (if you have one) | In case you need a quick clarification during breaks. | • Keep the number handy, but remember you cannot receive legal advice *during* the hearing without the judge’s permission. |

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3. Order of Proceedings (What Happens When)

1. Opening

* The judge will confirm the parties’ identities and outline the hearing’s purpose.

* Each side may give a brief opening statement (usually 2‑3 minutes) summarising what they are asking for and why.

2. Evidence in Chief

* You (or your witness) give your evidence first, answering questions from your own side (or, if you are representing yourself, you simply speak).

* Stick to facts: what you saw, heard, did, and any relevant documents.

* After you finish, the other party may ask cross‑examination questions (see section 6).

3. Cross‑Examination

* The other side questions you (or your witnesses) to test the reliability of your evidence.

* You then have the chance to re‑examine – clarify any points that were damaged during cross‑examination.

4. Submissions (Closing Arguments)

* Each side sums up the evidence and explains why the judge should make the order they want.

* No new evidence is introduced here – only arguments based on what has already been heard.

5. Judgment

* The judge may give the decision orally at the end of the hearing, or reserve it and send a written order later (usually within a few weeks).

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4. How to Present Your Case – Keep the Child’s Welfare Front‑and‑Centre

• Focus on the child’s needs – health, education, emotional stability, relationships with both parents, and any safety concerns.
• Avoid personal attacks – statements like “He/She is a bad parent” are less persuasive than concrete examples of how a behaviour affects the child (e.g., “When the child is left unsupervised after school, they have missed homework and felt anxious”).
• Use the welfare checklist (see section 5) as a framework: for each factor, explain how your proposal meets the child’s best interests.
• Stay calm and respectful – even if you feel upset, a measured tone helps the judge hear your points.
• Refer to documents – “As shown in the school report dated … (page 12 of the bundle), the child’s attendance has dropped when they spend weekends with …”.

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5. The Welfare Checklist (s.1(3) Children Act 1989) – Why Reference Each Factor

| Checklist factor | What it means in plain language | How you might address it in your case |

|------------------|--------------------------------|--------------------------------------|

| (a) The child’s ascertainable wishes and feelings | What the child says they want, taking into account their age and understanding. | Mention any age‑appropriate statements the child has made (e.g., “My 10‑year‑old says they feel safer when they spend weekdays with Mum”). |

| (b) The child’s physical, emotional and educational needs | Health, schooling, emotional stability, any special needs. | Show how your proposal supports school attendance, medical appointments, therapy, etc. |

| (c) The likely effect on the child of any change in circumstances | How moving homes, changing schools, or altering contact might affect the child. | Explain why maintaining the current routine (or a specific change) is less disruptive. |

| (d) The child’s age, sex, background and any characteristics | Any relevant traits (e.g., disability, cultural needs). | Highlight how your plan respects those traits (e.g., proximity to a specialist school). |

| (e) Any harm the child has suffered or is at risk of suffering | Past abuse, neglect, or exposure to conflict. | If relevant, cite any police reports, social‑service assessments, or medical notes that show risk. |

| (f) How capable each parent (or other relevant person) is of meeting the child’s needs | Parenting ability, willingness, and resources. | Provide evidence of your involvement (e.g., school pick‑ups, medical appointments, extracurricular support). |

| (g) The range of powers available to the court | What orders the judge can make (residence, contact, specific issue, etc.). | Show that your requested order is within the court’s powers and is the least restrictive option that meets the child’s needs. |

*When you speak, try to tick off each factor briefly – it signals to the judge that you have considered the legal test.*

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6. Cross‑Examination Tips for LIPs

1. Listen carefully – let the witness finish before you answer.

2. Answer only the question asked – if you don’t understand, ask for clarification (“Could you repeat that, please?”).

3. Keep answers short and factual – “Yes”, “No”, or a brief explanation (“I collected the child from school at 3 pm on 12 May”).

4. Don’t argue or give opinions – stick to what you know; leave interpretation to the judge.

5. Stay calm – if you feel flustered, pause, take a breath, and continue.

6. Use your notes – you may refer to your list of questions or the bundle to refresh your memory.

7. If you don’t know the answer, say so – “I don’t recall that detail” is better than guessing.

8. Avoid raising new issues – cross‑examination is about testing the other side’s evidence, not introducing your own new facts (save those for your evidence in chief or re‑examination).

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7. What a Court Order Looks Like & What Happens After

Typical layout of a final child arrangements order

• Header – Court name, case number, parties’ names, date of hearing.
• Recitals – Brief summary of why the court is making the order (e.g., “Having considered the welfare checklist…”).
• Orders – Numbered paragraphs stating exactly what is required, for example:

1. The child shall live with the mother Monday‑Friday and spend alternate weekends with the father.

2. The father shall have contact on … (specific days/times).

3. The mother shall ensure the child attends … school and receives … medical treatment.

4. Any change to these arrangements must be agreed in writing or approved by the court.

• Date and judge’s signature – makes it binding.

After the order is made

• The court will send a copy to each party (and to CAFCASS if they were involved).
• Both parties must comply – failure to do so can lead to enforcement applications (e.g., a warning order, or in serious cases, a committal for contempt).
• If circumstances change significantly (e.g., a parent relocates, the child’s needs change), either party can apply to vary the order later.
• Keep the order somewhere safe; you may need to show it to schools, doctors, or travel authorities.

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8. Consent Order vs. Contested Order

| Feature | Consent Order | Contested Order |

|---------|---------------|-----------------|

| How it’s made | Both parents agree on the terms (often after negotiation or mediation). The judge simply approves it, checking it meets the welfare checklist. | Parents cannot agree; each side presents evidence and arguments. The judge decides after hearing both sides. |

| Process | Usually quicker, less stressful, lower cost. You submit a draft order with a