Gatekeeping is the court’s initial review of your application.
A legal adviser or judge will assess:
- What the case is about
- Whether there are any risks or safeguarding concerns
- What type of hearing is needed
- Whether outside agencies (such as CAFCASS) need to be involved
They are not deciding the outcome—they are deciding the direction of your case.
Why It Matters
Gatekeeping sets the tone for everything that follows.
It can determine:
- How quickly your case progresses
- Whether CAFCASS becomes involved early
- Whether allegations are taken seriously
- Whether the case is seen as straightforward or complex
If your application is unclear or poorly structured, the court may misunderstand your position from the outset.
What the Court is Looking For
The court is focused on key principles—not emotion or personal disputes.
1. The Child’s Welfare
The court’s priority is always:
What is in the best interests of the child?
Everything you say should link back to this.
2. A Clear Request
You must clearly state what you are asking the court to order.
For example:
- Shared care (50/50)
- Defined contact arrangements
- Holiday arrangements
- Specific issue or prohibited steps
Vague requests weaken your position.
3. Relevant Concerns
If you raise concerns, they must be:
- Clear
- Relevant
- Focused on the child
Avoid long histories or general complaints.
4. Risk and Safeguarding
If there are allegations (e.g. abuse, substance misuse), the court will decide:
- Whether urgent action is required
- Whether CAFCASS should investigate
- Whether further hearings are needed
Poorly presented allegations can either be ignored or unnecessarily escalate the case.
Common Mistakes to Avoid
We regularly see the same issues:
- Writing emotionally instead of factually
- Not clearly stating what order is sought
- Including irrelevant past issues
- Making unstructured allegations
- Focusing on the other parent rather than the child
These mistakes can delay your case and weaken your position.
How to Get It Right
1. Be Clear and Specific
State exactly what you are asking for.
✔️ Good example:
“Shared care, with the children spending alternate weeks with each parent.”
2. Keep It Child-Focused
Every point should answer:
“How does this benefit the child?”
3. Be Structured
If raising concerns:
- What happened
- When it happened
- Why it matters for the child
Keep it concise and relevant.
4. Show Willingness to Co-Parent
The court looks favourably on parents who:
- Encourage a relationship with the other parent
- Communicate appropriately
- Focus on solutions, not conflict
What Happens After Gatekeeping?
Once reviewed, the court will usually:
- List your case for a First Hearing (FHDRA)
- Request a CAFCASS safeguarding letter
- Provide initial directions for the case
From this point, your case begins to move forward.
How Family Harmony Supports You
We help you get this stage right from the start by:
- Drafting clear, focused applications
- Structuring your position in a way the court understands
- Preparing you for CAFCASS involvement
- Helping you avoid common pitfalls
You don’t need a solicitor—but you do need to present your case properly.
Final Message
Getting gatekeeping right is not about saying more—it’s about saying the right things, in the right way.
A well-prepared application:
- Saves time
- Reduces conflict
- Keeps the focus where it should be—on your child