Not a final hearing – but take it very seriously
I usually explain to clients that the preliminary hearing is not a final hearing, but that it should still be taken very seriously. This is often where the judge forms their first impression of the parents. How you express yourself, how you respond to the other party’s statements and how clearly you keep the focus on your child can influence the court’s view of your parenting ability, willingness to cooperate and credibility.
By the time the parties come to court, there are already two accounts of the dispute: the application that started the proceedings and the response to it. The judge tries to understand what the dispute is really about – custody, meaning legal responsibility for the child, residence, contact, risks to the child, or mainly poor communication and mistrust.
The orders you are seeking – what you want and why
The court will often go through the orders each party is seeking, such as sole custody, alternating residence with each parent, living primarily with one parent or a particular contact schedule. The court listens not only to what you want, but also to why you want it. If you can explain your request in terms of your child’s needs, you are often in a stronger position than if you describe your own frustration.
Efforts to reach agreement
A central aim is to explore whether the parties can reach agreement. The judge will often try to help you find common ground, for example on contact, collection and drop-off arrangements, holidays, school or communication. Sometimes an agreement is reached at this stage. In more contentious cases, this is not possible, and the question then becomes whether the court needs to make an interim order.
What is an application for an interim order?
An application for an interim order is a request for a temporary order that applies while the custody dispute is ongoing. As custody proceedings can take a long time, your child will often need workable arrangements before the final judgment. The court can make temporary orders about who your child should live with, what contact should take place or whether one parent should temporarily have sole custody.
An interim order is not the final judgment, but it can have considerable significance. If your child lives under a particular arrangement for a long time, this may influence how the court later views stability and continuity.
How to frame your application for an interim order
It is not enough to say that your child should live with you ‘for the time being’. You must be able to explain why that particular arrangement offers your child the greatest security, practicality and stability here and now.
If you have concerns about your child’s safety and security, you should describe them clearly and factually. These may involve:
- Serious difficulties in cooperating
- Obstruction of contact
- Psychological effects on the child
- Violence, threats, substance misuse or other risk factors
Credibility is crucial
Be careful not to exaggerate. Courts are familiar with intense disputes and often notice when an account is overstated without adequate support.
When making an interim order, the court carries out a more limited assessment than when giving its final judgment – the investigation is not yet complete, and not all the evidence may have been presented. The judge decides on the basis of what is presented at that point. Your conduct therefore matters a great deal: if you remain calm, clear and focused on your child, you will often be seen as more credible than if you interrupt, react aggressively or spend your time attacking the other parent.
Interim orders on contact and custody
If your child is not being allowed to see one parent, or if contact arrangements are unclear and contentious, the court can set a specific schedule covering particular days, weekends, school holidays and collection and drop-off times. Where there are concerns, the court may instead order a more cautious arrangement, such as gradually increasing contact or arranging contact with support.
The court is often cautious about changing custody on an interim basis without strong reasons. Joint custody is a common starting point, but if important decisions cannot be made or there are risks, temporary sole custody may be considered. Your child’s best interests are the deciding factor, not your need for control or vindication.
Not a way to ‘win the first round’
A common mistake is to view applications for interim orders as a way to make a point against the other parent. They should be used when your child needs workable, clear and safe arrangements during the proceedings. The court often recognises the difference between an application focused on the child and one focused on the conflict.
What happens afterwards?
After the preliminary hearing, the court may approve an agreement or make an interim order – sometimes immediately, sometimes in writing shortly afterwards. The proceedings then continue, for example with the court requesting information from the family law service, ordering a custody investigation or listing a further preliminary hearing.
My advice before the preliminary hearing
Come prepared, stay calm and, when you have the opportunity, talk about your child. Not about your anger, your disappointment or your need to defeat the other parent. Talk about your child’s daily life, security and needs, and why your proposed arrangement is best for them. That is how you build credibility in a custody dispute.