In private law Children Act 1989 (ChA 1989) proceedings, a ChA 1989, s 7 report was filed by Cafcass. At the first hearing dispute resolution appointment, one party did not agree with the section 7 report recommendations and requested the listing of a final contested hearing. The judge refused the request and made a final child arrangements order under ChA 1989, s 8. On what basis can a judge refuse to list a final hearing?

The court has general powers of case management under Family Procedure Rules 2010, SI 2010/2955, 4.1 and will be conscious of the need to case manage robustly in order to avoid undue delay for the child and to ensure that an appropriate share of the court’s resources are dedicated to any particular case. A court may legitimately reach a decision prior to a final hearing that some options are unrealistic and should be discounted. Any such step should be taken carefully, however.

There is real risk of procedural irregularity and unfairness if the court rules out a parent’s case at an