Preparation for Contested Hearings: A Checklist

A contested hearing can feel overwhelming. You're already coping with separation, and now there's a formal court process ahead. Here's what actually happens and how to prepare.

Before the hearing, you'll need to prepare a clear written account of your position, which you can structure using our free Court Statement Writer.

What is a contested hearing?

When you and your ex disagree on something crucial - maybe contact with the children or dividing assets - and can't find middle ground, a judge steps in to decide. You each tell your side, present evidence, and the judge makes a binding decision.

That decision becomes a court order. Both parties must follow it unless someone appeals. For instance, you might want the children every weekend, while your ex offers alternate weekends. If you can't reach agreement despite trying mediation and other options, court becomes necessary.

The directions hearing comes first

Before the main hearing, you'll attend a directions hearing. This planning session sets everything up. The judge explains when to submit documents (typically 14-21 days beforehand), what evidence to include, and confirms your hearing date.

Court deadlines matter. Missing them can wreck your case - judges might refuse late evidence entirely. If something legitimate delays you (waiting for medical records, sudden illness), contact the court straight away to request an extension. Hope isn't a strategy here.

Ask the judge to set a deadline for agreeing the court bundle with your ex - usually 7-10 days before the hearing. Can't agree? Submit your version and explain the disagreement.

Requesting witness attendance

Now's your chance to ensure key people attend. Perhaps the CAFCASS officer's written report differs from what they said in person. Maybe your ex's partner submitted a statement you need to challenge. Request their attendance at the directions hearing - surprises aren't allowed later.

Creating your court bundle

Think of the court bundle as your evidence folder. Start with an index so judges can navigate quickly through busy court lists.

Next comes your chronology. Stick to facts:

• March 2023 - Separated after 12 years
• April 2023 - Informal weekend contact agreed
• June 2023 - Contact stopped after argument
• August 2023 - Mediation unsuccessful
• October 2023 - Court application made

Add a statement of issues - a simple list of disagreements. Your position statement follows, explaining what you want and why. Two pages maximum works best.

Check everything thoroughly. Wrong dates undermine credibility, even when they're genuine mistakes. If your ex claims something happened in July but it was September, highlight this discrepancy.

Court Statement Writer

Draft a court statement for your hearing. Takes 5 minutes.

Try our Court Statement Writer free, here on this site →

Written submissions explained

Several documents need preparing, but they're less complicated than they sound.

Your skeleton argument gives the judge a case overview. Keep it to 5-7 pages. Begin with agreed facts (children's details, for example), outline disputes, then present your main arguments. Reference specific evidence: "WhatsApp messages at pages 23-25 show contact refused six times without explanation."

Submit this 2-3 days early. On hearing day, confirm the judge received it - administrative errors happen.

Opening and closing statements

Write your opening submission beforehand - roughly 5 minutes when spoken. Try something like: "I'm seeking alternate weekends and half the school holidays. The children want more time with me, as the CAFCASS report confirms..."

Closing submissions summarise everything. Draft one, but stay flexible. New admissions or information during the hearing might change your approach.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

Presenting evidence and cross-examining

During examination-in-chief (presenting your evidence), work through points systematically. Mark page numbers on your notes: "Your Honour, page 47 shows the school report confirming I attend all parents' evenings..."

Cross-examination means questioning the other party. Keep questions short and focused: - "What safety concerns stopped contact?" - "Did you report these incidents?" - "Do you accept the children told CAFCASS they want more time with me?"

Don't make speeches. Questions like "You're using the children as weapons, aren't you?" damage your case. Stick to extracting facts.

The hearing day

Nervousness is completely normal - most people feel terrified. Write everything down: submissions, key points, page references. Reading from notes is absolutely fine.

Speak slowly and clearly. Use "Your Honour" or "Sir/Madam" for the judge. Bring water, tissues, and someone supportive (though they can't speak for you).

Family judges see separated parents daily. They understand the emotions involved. Focus on facts over feelings, and prioritise what benefits the children.

Additional considerations

Legal aid might be available if you qualify - check eligibility early. While self-representation is possible, legal advice often proves invaluable. Citizens Advice, family law solicitors, or McKenzie Friends can offer guidance.

Courts expect you to try mediation first unless there's domestic abuse or other exemptions. Document these attempts - judges want evidence you've explored alternatives.

Whatever happens, court orders aren't always permanent. Significant changes in circumstances can justify variation applications later. Keep detailed records moving forward - you might need them.

Contested hearings are tough, but preparation makes them manageable. Stay organised, remain child-focused, and remember that getting through this process is an achievement in itself.

The Next Step

Now that you have read through the advice above, you might want to put it into practice. Our Court Statement Writer lets you draft a court statement for your hearing. Takes 5 minutes. Try it now →