A fact-finding hearing is a Family Court hearing used when allegations are disputed and the court needs to decide what happened before it can make decisions about a child.

It is not usually the final hearing in a case. Instead, the judge considers specific allegations and decides whether they are proved. Those findings can then affect later decisions about the child’s welfare, including where they live and what contact they have with each parent.

Fact-finding hearings often arise where allegations of domestic abuse, physical abuse, sexual abuse or controlling and coercive behaviour are relevant to child arrangements. If you have made allegations that the other party disputes, or allegations have been made against you, our Children Act proceedings solicitors will prepare your case and defend your position.

Why might the Family Court order a fact-finding hearing?

A fact-finding hearing is not automatic simply because one party makes allegations against the other. The Family Court considers whether it needs to decide those disputed facts before it can deal properly with the child’s future arrangements.

A separate hearing may be required where allegations concern:

• Domestic abuse or domestic violence
• Physical or sexual abuse
• Controlling and coercive behaviour
• Threats or other serious allegations
• Conduct that may affect whether direct contact is safe

The court will consider whether the allegations, if proved, would affect its later decisions about the child’s welfare. It will also consider whether there are admissions or other evidence that already provide enough of a factual basis for the case to move forward without a separate hearing.

The purpose is therefore not to investigate every disagreement between the parties. A fact-finding hearing should focus on disputed allegations that matter to the decisions the court will eventually have to make.

When does a fact-finding hearing happen?

The need for a fact-finding hearing is usually considered at an early stage of Family Court proceedings, once the main allegations and responses have become clear.

In child arrangements cases involving domestic abuse, relevant factual and welfare issues should be identified as early as possible. If a separate fact-finding hearing is needed, the court will give directions explaining what must happen before it takes place.

Those directions may deal with witness statements, police or medical records, other evidence and the specific allegations the judge needs to decide.
The court may also arrange a further hearing after the fact-finding hearing so that the case can move on to the child’s welfare and final arrangements.

What evidence is used at a fact-finding hearing?

The evidence will depend on the allegations and circumstances of the case. It may include:

• Witness statements from one or both parties
• Police records or information about previous incidents
• Medical records
• Text messages, emails and other communications
• Photographs or recordings
• Evidence from other family members or witnesses
• Other documents relevant to the disputed allegations

The court may require the allegations and the other party’s response to be set out in a schedule or table so that the issues are clear. This is sometimes referred to as a Scott Schedule, although that format is not required in every case.

Where controlling and coercive behaviour is alleged, the judge may need to consider the overall pattern of behaviour rather than viewing individual incidents in isolation.

Preparing the evidence carefully matters. A solicitor can help identify what is relevant, prepare witness statements and make sure the court has the information it needs to understand your position.

What happens at a fact-finding hearing?

At the hearing, the judge considers the evidence relating to the disputed allegations. One or both parties may give oral evidence and answer questions about what they say happened. Other witnesses may also give evidence where necessary.

The judge then decides which allegations have been proved.

A fact-finding hearing is not a criminal trial. The Family Court uses the civil standard of proof, known as the balance of probabilities. In simple terms, the judge decides whether it is more likely than not that the alleged event happened.

The outcome is not necessarily all or nothing. The judge may find some allegations proved and others not proved. The findings may also differ from the exact way either party originally described events.

Legal representation is crucial at this stage. The hearing may involve detailed evidence, disputed accounts and questioning that could have a significant bearing on what happens next.

What happens if domestic abuse is alleged?

Where allegations of domestic abuse are involved, the Family Court must consider whether steps are needed to help a party take part in proceedings and give evidence safely and effectively.

Depending on the circumstances, this can include arrangements that prevent the parties from seeing each other in court, giving evidence by live link or other measures to support a vulnerable party or witness. There are also rules restricting direct cross-examination in person in certain Family Court proceedings.

These measures do not decide whether the allegations are true. Their purpose is to make sure the hearing can take place fairly while protecting the people involved.

If you are also experiencing harassment, threats or abuse outside the child arrangements proceedings, our non-molestation order solicitors can advise on separate protective action where appropriate.

What happens after a fact-finding hearing?

Once the judge has made findings, those findings become part of the basis for the rest of the case.

The court may need further information before deciding the final child arrangements. For example, Cafcass may be asked to prepare or continue work on a report, or another assessment may be needed before the court decides what arrangements are safe and in the child’s best interests.

The findings can affect decisions about direct contact, supervised contact, where the child lives and any other arrangements needed to protect their welfare.

A finding that an allegation has been proved does not itself amount to the final child arrangements order. The court must still consider the child’s welfare when deciding what should happen next. Under the Children Act 1989, the child’s welfare is the court’s paramount consideration when determining questions about their upbringing.