What is a fact‑finding hearing?

A fact-finding hearing is used to establish key facts in a case, typically where one parent has made allegations such as domestic abuse or harmful parenting behaviour. It takes place where the court agrees that those facts must be established at an early stage in the proceedings, to enable a final determination to be made more expeditiously. Most commonly, fact-finding hearings are required in cases concerning children. 

The purpose of the hearing is to make sure that each allegation is clearly set out and responded to, initially by way of a written schedule which particularises the allegations made and the other person's response. The court will then consider which allegations need to be explored at a court hearing, bearing in mind that the court should only consider issues which will have an impact on their final decision. The parties will then prepare detailed written statements on the allegations which will form the basis of their evidence. At the court hearing both parties will usually give oral evidence and may be cross‑examined, as well as asked questions by the judge directly. The court can also consider relevant third‑party evidence, such as police records or medical reports. The person making the allegation has the burden of proof, and the standard of proof is the balance of probabilities.

It is also important to remember that criminal law rules do not apply in Family Court fact‑finding hearings. These hearings are not about deciding whether someone is guilty of a criminal offence but are about establishing facts that will help the court make safe, informed decisions for the child. It is ultimately for the judge to decide for each allegation whether, on the balance of probabilities, it is more likely than not to have happened/be true. 

How can this impact child contact arrangements?

Once a fact‑finding hearing has taken place, the court will consider child arrangements in light of the findings, e.g., if instances of domestic abuse did occur. If no findings are made, the court proceeds on the basis that the alleged events did not occur.

If findings are made, the court must carefully assess the level of risk to the child, the parent they live with, and in some cases, both. It will then consider what contact (if any) can safely take place and what measures might be needed to manage or reduce risk.

Parties should also be aware that the Court of Appeal has the power to review and overturn findings of fact in appropriate circumstances.

If you have any concerns, queries or require any advice, please reach out to the family team here at Stevens & Bolton - we’re always happy to help.