Hayley Trim's Analysis:PRFD Conciliation Scheme

The District Judge's Direction of 12 March 2004 sets out the procedure for conciliation appointments in private Children Act proceedings in the Principal Registry. The direction provided that these appointments were privileged and the judge could not make orders where the parties were not in agreement.

However FPR 2010 PD 12B (the Revised Private Law Programme) now takes precedence and where the conciliation scheme is inconsistent with that it does not apply. Therefore the First Hearing Dispute Resolution Appointment (FHDRA) is not privileged - the judge and Cafcass officer can have further involvement in the case.

Also the judge can make an order where the parties do not entirely agree for example about interim contact. However despite PD12B indicating that the involvement of the child will be a matter to be considered at the FHDRA the practice of children of age 9 and above attending court for the FHDRA...

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