Fact-Finding Hearings in Family Court: Bundle Preparation and Evidence

Last updated: March 2026

Quick Answer

A fact-finding hearing is a specific type of hearing in family court where the judge determines whether alleged events actually happened. They are most commonly ordered in cases involving allegations of domestic abuse, neglect, or other harm to a child or parent. The standard of proof is the balance of probabilities — "more likely than not" — rather than the criminal standard of "beyond reasonable doubt." Your bundle for a fact-finding hearing must be meticulously prepared, typically including a Scott Schedule of allegations, witness statements, supporting exhibits, and any relevant professional reports. The outcome of a fact-finding hearing directly shapes all future decisions in the case.

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What Is a Fact-Finding Hearing?

In family proceedings, parties sometimes make serious allegations against each other — domestic abuse, controlling behaviour, violence, sexual abuse, neglect. These allegations can profoundly affect the court's decisions about children's living arrangements, contact, and the safety measures put in place.

A fact-finding hearing is where the court examines these allegations and determines, as a matter of fact, whether they happened. It is not a criminal trial — nobody is being convicted or sentenced. But the findings carry enormous weight because they inform every subsequent decision the court makes.

For example, if a mother alleges that the father was physically violent towards her, and the court finds this proved on the balance of probabilities, all future decisions about contact will be made in light of that finding. The court might order supervised contact, impose conditions, or in extreme cases decline to order contact at all.

Conversely, if the court finds the allegations not proved, the case proceeds on the basis that those events did not happen. The accusing party cannot keep raising the same allegations at subsequent hearings.

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When Does the Court Order a Fact-Finding Hearing?

Not every case with allegations results in a fact-finding hearing. The court applies the test set out in Re H-N [2021] EWCA Civ 448, which establishes that a fact-finding hearing should be held where:

• The allegations, if proved, would be relevant to the decisions the court needs to make
• There is a genuine dispute about whether the alleged events occurred
• It is necessary and proportionate to hold a separate hearing to resolve those disputes

The court will not order a fact-finding hearing for minor disagreements or matters that would not affect the outcome. But where there are allegations of domestic abuse — particularly in the context of Practice Direction 12J — a fact-finding hearing is common.

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The Scott Schedule

What Is a Scott Schedule?

A Scott Schedule is a table that sets out each allegation in a structured format. It ensures both parties and the judge can see, at a glance, what is alleged, when it allegedly happened, and what the other party says in response.

Format

How to Draft an Effective Scott Schedule

Be specific. "The respondent was abusive" is not an allegation. "On 15 March 2024, at approximately 8pm, the respondent pushed me down the stairs at 42 Acacia Avenue" is an allegation.

Include dates. Every allegation should be tied to a specific date or period. If you cannot recall the exact date, give the best approximation you can — "In or around March 2024."

Limit the number of allegations. The court will usually limit the Scott Schedule to the most serious and relevant allegations. Judges have made clear in case law that an exhaustive list of every unpleasant incident is unhelpful. Focus on the allegations that best illustrate the pattern of behaviour you are describing.

State the finding you seek. For each allegation, specify what you are asking the court to find. This helps the judge understand what they are being asked to decide.

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Preparing Your Fact-Finding Hearing Bundle

A fact-finding hearing bundle is one of the most substantial bundles you will prepare in family proceedings. It requires careful organisation and thoroughness.

Bundle Contents

Witness Statements

Your witness statement is the core of your evidence. At a fact-finding hearing, the judge will read your statement before you give oral evidence. It needs to be:

Chronological. Set out events in the order they happened. This makes it easier for the judge to follow and cross-reference with the Scott Schedule.

Specific. For each allegation in the Scott Schedule, your statement must contain the detail. What happened? Where were you? Who else was present? What did you do afterwards? Were there any injuries? Did you seek medical attention or report it to anyone?

Honest. Include details that might not help your case as well as those that do. If you fought back, say so. If you cannot remember exact words, say that too. Judges are experienced at detecting embellishment, and it undermines your credibility.

Properly formatted. The statement must comply with Practice Direction 27A — numbered paragraphs, signed, dated, and with a statement of truth.

Format your witness statement correctly. BundleCreator.co includes witness statement templates for family proceedings, pre-formatted with numbered paragraphs and the required statement of truth. Write your evidence; the software handles the formatting.

Supporting Exhibits

Exhibits are the documents that corroborate your evidence. Each exhibit should be:

• Referenced in your witness statement (e.g., "I refer to the text messages at Exhibit SH/3")
• Clearly labelled with an exhibit number
• Included in the bundle at Section E

Common exhibits in fact-finding hearings:

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The Standard of Proof

This is a crucial point that many people misunderstand.

In a fact-finding hearing, the standard of proof is the balance of probabilities. This means the judge decides whether each allegation is "more likely than not" to have happened — a 51% likelihood is sufficient.

This is lower than the criminal standard of "beyond reasonable doubt." An allegation can be found proved in family court even if it was not prosecuted or was not proved in criminal proceedings.

However, as the Supreme Court confirmed in Re B [2008] UKHL 35, there is only one civil standard of proof: the balance of probabilities. There is no heightened standard for serious allegations. The judge does not require "more evidence" just because an allegation is serious — but the inherent improbability of an event may be a factor the judge takes into account when weighing the evidence.

What This Means in Practice

• You do not need "proof beyond doubt" — you need to show it is more likely than not
• The judge weighs all the evidence — not just yours, but the other party's too
• Inconsistencies in your account will be scrutinised, so be truthful and consistent
• A finding of "not proved" does not mean the judge thinks you are lying — it means the evidence was not sufficient to meet the standard

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Hearsay Evidence

Family courts can and do admit hearsay evidence — evidence about what someone else said or did, rather than direct witness testimony. However, hearsay evidence carries less weight than direct evidence.

When Hearsay Is Relevant

If your mother witnessed an incident but cannot attend court, you can include her account in your witness statement (clearly identified as hearsay). The judge will decide how much weight to give it.

Common forms of hearsay in fact-finding hearings:

• What someone else told you about an event — e.g., "My neighbour told me she heard shouting from our house on 15 March"
• Recorded statements — e.g., a police officer's record of what you told them at the time
• Children's disclosures — what a child said to a teacher, social worker, or other professional

How to Present Hearsay

When including hearsay evidence:

1. Clearly identify it as hearsay
2. State the source (who said it, when, and in what context)
3. Explain why the original source is not giving direct evidence
4. Provide the original source's account if available (e.g., the police log)

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Preparing for Cross-Examination

At a fact-finding hearing, you will be cross-examined on your evidence. If you are a litigant in person, you will also need to cross-examine the other party.

Being Cross-Examined

• Re-read your witness statement before the hearing. You will be asked about specific paragraphs.
• Stay calm and answer honestly. If you made an error in your statement, it is better to acknowledge it than to defend something you know is wrong.
• Do not volunteer information. Answer the question asked and stop. The more you say, the more material you give the other side to challenge.
• Ask for clarification if you do not understand a question. The judge will expect the questioner to rephrase.

Cross-Examining the Other Party

Prepare your questions in advance. Focus on:

• Inconsistencies between their written evidence and oral testimony
• Points where their account is contradicted by documentary evidence
• Matters they have not addressed in their witness statement

Phrase questions carefully. "You said in paragraph 12 that you were at work on 15 March, but this text message at page 94 of the bundle was sent from our home address at 3pm — can you explain that?" is far more effective than "You're lying about where you were."

Reference documents with confidence. When your bundle is built with BundleCreator.co, every document has a clear page number in the index. You can direct the judge and the other party to specific pages during cross-examination without fumbling through papers.

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After the Fact-Finding Hearing

The Judgment

The judge will deliver a judgment setting out which allegations have been found proved and which have not. In complex cases, the judgment may be reserved (given in writing at a later date).

The findings become the factual foundation for the rest of the proceedings. If domestic abuse is found proved, the case will proceed on that basis — the court will apply Practice Direction 12J and consider what arrangements are safe for the children.

What If the Findings Go Against You?

If you were the party making allegations and they were not found proved, the case continues on the basis that those events did not happen. You cannot re-litigate the same allegations at a later hearing.

If findings were made against you, you will need to demonstrate to the court that you can keep the children safe. This might involve engaging with a domestic abuse perpetrator programme, accepting supervised contact, or other measures the court considers appropriate.

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How BundleCreator.co Helps with Fact-Finding Bundles

Fact-finding hearing bundles are among the most complex in family proceedings. Multiple witness statements, dozens of exhibits, professional reports, and a Scott Schedule all need to be organised, paginated, and indexed accurately.

BundleCreator.co streamlines this process:

• Automatic pagination ensures every page is numbered correctly, even when you add or remove documents
• Section management keeps your bundle organised according to PD27A requirements
• Document templates for witness statements and case summaries, pre-formatted with numbered paragraphs and statements of truth
• Hyperlinked index so the judge can navigate directly to any document
• PDF optimisation with bookmarks and text-searchable content

When the stakes are this high, your bundle needs to be flawless. Let the software handle the formatting whilst you focus on your evidence.

Prepare your fact-finding bundle with BundleCreator.co

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Frequently Asked Questions

How long does a fact-finding hearing last?

Fact-finding hearings typically last between one and five days, depending on the number of allegations and witnesses. Simple cases with a short Scott Schedule may be heard in a day; complex cases involving multiple incidents and several witnesses may take a full week.

Can I call witnesses to support my allegations?

Yes, but you need the court's permission. Any witness you wish to call must have filed a witness statement in advance. The court may limit the number of witnesses if it considers the evidence would be repetitive.

What if I have no physical evidence to support my allegations?

Many domestic abuse allegations rely primarily on the alleged victim's testimony. The absence of physical evidence (photographs, medical records) does not mean the allegation will fail. The judge will assess your credibility and the credibility of the other party's denial.

Is a fact-finding hearing the same as a criminal trial?

No. A fact-finding hearing uses the civil standard of proof (balance of probabilities), not the criminal standard (beyond reasonable doubt). The court cannot impose criminal penalties. However, findings can be referred to police and may influence criminal investigations.

Can children give evidence at a fact-finding hearing?

Children very rarely give evidence directly. Their accounts are usually presented through the Cafcass officer, who will have spoken to the child as part of their assessment. If a child's evidence is considered necessary, the court will make special arrangements to protect the child's welfare.

What happens if new evidence emerges after the fact-finding hearing?

In exceptional circumstances, a party can apply to the court to reopen the findings. This is a high bar — you would need to show that the new evidence could not reasonably have been obtained before the hearing and that it would probably have affected the outcome. The leading authority is Re ZZ [2014] EWFC 9.

Do I need a solicitor for a fact-finding hearing?

It is not legally required, but fact-finding hearings are among the most challenging proceedings to navigate as a litigant in person. The cross-examination, evidential rules, and emotional intensity make professional representation highly advisable if you can afford it — even on a direct access basis for the hearing itself.

How should I organise text message evidence?

Transcribe text messages into a typed document with columns for date, time, sender, and message content. Include the original screenshots as a separate exhibit for verification. The transcription makes the messages readable; the screenshots prove authenticity.

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This article provides general information about fact-finding hearings in family court proceedings in England and Wales. It is not legal advice. For guidance specific to your case, consult a qualified family law solicitor.