Practice Direction 12J and Domestic Abuse Fact-Finding Hearings

Last updated: March 2026

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Quick Answer

Practice Direction 12J (PD12J) governs how the family court handles allegations of domestic abuse in proceedings involving children. Where domestic abuse is alleged and disputed, the court may order a fact-finding hearing to determine whether the alleged abuse took place. This hearing is not about who gets custody — it is about establishing the truth so that the court can make safe decisions about child arrangements. PD12J requires the court to take domestic abuse seriously at every stage, from initial safeguarding checks through to final orders.

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If You Are in Immediate Danger

National Domestic Abuse Helpline: 0808 2000 247 (free, 24 hours, 7 days a week, run by Refuge)

If you are in immediate danger, call 999. For non-emergency police contact, call 101.

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Introduction

When parents separate and one of them alleges domestic abuse, the family court faces a difficult question: how do we make safe arrangements for the children when the facts are in dispute?

Practice Direction 12J exists to answer that question. It is not a statute — it is a practice direction supplementing Part 12 of the Family Procedure Rules 2010 — but its effect on how domestic abuse cases are managed in the family court is profound. PD12J sets out a structured process for identifying, investigating, and responding to domestic abuse allegations wherever children's welfare is at stake.

For many people going through this process, the fact-finding hearing is the most daunting stage. It is a trial in all but name: witnesses give evidence, they are cross-examined, and the judge makes findings of fact. Those findings then shape every subsequent decision about the children.

Understanding what PD12J requires, how to prepare for a fact-finding hearing, and what happens afterwards is essential if you are involved in proceedings where domestic abuse is alleged — whether you are the person making the allegations or the person responding to them.

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What Is Practice Direction 12J?

PD12J applies to any family proceedings under the Children Act 1989 or the Adoption and Children Act 2002 where an allegation of domestic abuse is made, or where the court otherwise has reason to believe domestic abuse has occurred.

Its full title is "Practice Direction 12J — Child Arrangements and Contact Orders: Domestic Abuse and Harm", and it was substantially revised in 2017 following widespread concern that the family court was not adequately protecting victims and children.

The Core Requirements

PD12J requires the court to:

1. Identify domestic abuse at the earliest opportunity — the court must actively investigate, not wait for parties to raise the issue
2. Ensure safeguarding checks are carried out — Cafcass (or Cafcass Cymru in Wales) must carry out safeguarding checks before the first hearing
3. Consider whether a fact-finding hearing is necessary — to determine disputed allegations before making decisions about child arrangements
4. Apply a structured framework when deciding what orders to make where domestic abuse is found to have occurred
5. Not make unsafe contact orders — the welfare of the child is paramount, and contact must not be ordered where it would put the child or the victim at risk

The Definition of Domestic Abuse Under PD12J

PD12J adopts a broad definition of domestic abuse, aligned with the Domestic Abuse Act 2021. It encompasses:

• Physical abuse
• Psychological abuse
• Sexual abuse
• Emotional abuse
• Coercive or controlling behaviour
• Economic abuse
• Threatening behaviour
• So-called "honour"-based abuse

Importantly, PD12J recognises that domestic abuse is not limited to physical violence. Coercive and controlling behaviour — a pattern of acts designed to make a person subordinate or dependent — is explicitly included and may, on its own, be sufficient to warrant findings of domestic abuse.

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When Will the Court Order a Fact-Finding Hearing?

Not every case involving allegations of domestic abuse will require a fact-finding hearing. At the first hearing (the First Hearing Dispute Resolution Appointment, or FHDRA), the court will consider whether:

• The allegations are disputed by the other party
• The nature and extent of the allegations are such that, if true, they would affect the court's decision about child arrangements
• A fact-finding hearing is necessary to determine the truth
• The allegations can be resolved by other means (for example, if the respondent is willing to make admissions)

The Scott Schedule

If the court decides a fact-finding hearing is needed, it will typically direct the preparation of a Scott Schedule. This is a table setting out:

The Scott Schedule is a critical document. It defines the scope of the fact-finding hearing. The court will only make findings on the allegations listed in the schedule, so it is essential to include every significant incident you want the court to consider.

Choosing Your Allegations

You may have experienced dozens or even hundreds of incidents over a long period. You cannot — and should not — list every one. The court expects you to identify the most significant incidents that, taken together, demonstrate the pattern of abuse. Consider including:

• Incidents that are supported by independent evidence (police reports, medical records, photographs)
• Incidents witnessed by third parties who can give evidence
• The most serious incidents — those involving physical injury, threats to life, or incidents involving the children
• Incidents that illustrate the pattern of coercive or controlling behaviour

A well-chosen selection of 8 to 15 incidents is typically more persuasive than an exhaustive list of 50. Quality and specificity matter more than volume.

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Preparing for a Fact-Finding Hearing

Your Witness Statement

Your witness statement for a fact-finding hearing is different from the statement you might have prepared for an initial FL401 application. It needs to address each allegation in the Scott Schedule in detail, providing:

• The date, time, and location of each incident
• Exactly what was said and done — use direct quotes where you can remember them
• Who else was present, including children
• What happened immediately afterwards — did you call anyone, go to hospital, take photographs?
• Any supporting evidence for that particular incident

The statement should follow the order of the Scott Schedule. The judge will read the statement alongside the schedule, so a clear correspondence between the two makes the evidence easier to follow.

Supporting Evidence

Gather and organise every piece of supporting evidence available to you. For a fact-finding hearing, evidence is typically categorised as follows:

Documentary evidence:

• Police crime reports and disclosure
• Medical records (GP notes, A&E attendance records, mental health records)
• Text messages, emails, and social media messages
• Photographs and videos
• School records noting concerns about the children
• Records from domestic abuse services (refuge records, IDVA notes)
• Social services records

Witness evidence:

• Statements from people who witnessed specific incidents
• Statements from people you told about the abuse at the time (this is "recent complaint" evidence and can corroborate your account)
• Professional statements from GPs, teachers, health visitors, or social workers

Expert evidence:

• The court may direct a psychological assessment or risk assessment
• Expert evidence about the nature and impact of coercive control

The Bundle

The bundle for a fact-finding hearing must be meticulously prepared. It will typically include:

1. Case summary and chronology
2. Scott Schedule (with responses from both parties)
3. Applicant's witness statement(s)
4. Respondent's witness statement(s)
5. Cafcass safeguarding letter and any section 7 report
6. Supporting evidence — police disclosure, medical records, photographs, messages
7. Any witness statements from third parties
8. Relevant court orders and directions

The bundle must comply with Practice Direction 27A — paginated, indexed, and in a logical order.

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The Hearing Process

Before the Hearing Day

In the days before the hearing, re-read your witness statement and the Scott Schedule carefully. Familiarise yourself with the page references in the bundle so that if the judge asks you to turn to a particular document, you can find it quickly.

If you are a litigant in person, you may feel anxious about being in the same building as the respondent. You can request special measures under Part 3A of the Family Procedure Rules 2010 (inserted by the Domestic Abuse Act 2021) and section 63 of that Act. These may include:

• Separate waiting areas
• Screens in the courtroom so you cannot see the respondent
• Giving evidence by video link from a separate room
• Having a support person sit with you while you give evidence

The Structure of the Hearing

A fact-finding hearing typically follows this structure:

1. Opening — the judge may invite brief opening remarks or may proceed directly to evidence
2. Applicant's evidence — you give evidence by confirming your witness statement and are then cross-examined by the respondent or their barrister
3. Applicant's witnesses — any witnesses supporting your case give evidence and are cross-examined
4. Respondent's evidence — the respondent gives evidence and is cross-examined by you or your barrister (or, if you are both unrepresented, the court may appoint a qualified legal representative to conduct the cross-examination under section 65 of the Domestic Abuse Act 2021)
5. Respondent's witnesses — as above
6. Closing submissions — both parties summarise their case
7. Judgment — the judge gives a judgment, making findings on each allegation

Cross-Examination

If you have legal representation, your barrister or solicitor will cross-examine the respondent. If you are a litigant in person, the Domestic Abuse Act 2021 (section 65) prohibits the respondent from personally cross-examining you in most domestic abuse cases, and vice versa. The court must appoint a qualified legal representative to conduct the cross-examination instead.

When you are being cross-examined:

• Listen carefully to each question
• Answer the question that was asked — do not volunteer additional information
• If you do not understand a question, say so
• If you do not remember, say "I do not remember" rather than guessing
• Stay calm and take your time — there is no rush

The Standard of Proof

The standard of proof in a fact-finding hearing is the civil standard: the balance of probabilities. This means the judge must decide whether it is more likely than not that each alleged incident occurred. It is not the criminal standard of "beyond reasonable doubt."

The Supreme Court confirmed in Re B (Children) [2008] UKHL 35 that there is only one civil standard — the balance of probabilities — and it does not vary according to the seriousness of the allegation.

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After the Fact-Finding Hearing

If Findings Are Made

If the judge makes findings of domestic abuse, PD12J requires the court to consider:

• The impact of the abuse on the child and the victim
• Whether the abusive parent has acknowledged their behaviour and taken steps to address it
• Whether the child can have safe contact with the abusive parent, and if so, what safeguards are needed
• Whether a risk assessment is required before contact is ordered

The court must not make a contact order unless it is satisfied that the child and the victim will be safe. This may result in supervised contact, indirect contact only (letters or cards), or in serious cases, no contact at all.

If No Findings Are Made

If the judge does not make findings on some or all of the allegations, the case proceeds on the basis that the alleged abuse has not been proved. This does not necessarily mean the judge believed the respondent — it means the applicant's evidence did not reach the threshold of the balance of probabilities on those specific allegations.

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How BundleCreator Can Help

A fact-finding hearing bundle is one of the most complex documents in family law. It needs to bring together a Scott Schedule, multiple witness statements, police disclosure, medical records, and supporting evidence into a single, coherent, properly paginated document that a judge can navigate under time pressure.

BundleCreator provides:

• Fact-finding bundle templates — pre-structured to Practice Direction 27A with sections for the Scott Schedule, witness statements, and evidence
• Automatic pagination and indexing — ensures every page is numbered and the index is accurate, even when documents are added or removed
• Drag-and-drop document ordering — reorganise your evidence without starting again
• Secure document storage — your sensitive evidence is encrypted and accessible only to you
• Export-ready PDFs — formatted for filing at court, ready to print or submit electronically

Preparing for a fact-finding hearing is demanding enough without wrestling with page numbers and formatting. Let the technology handle the mechanics so you can focus on the substance of your case.

Build your fact-finding bundle at BundleCreator.co →

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Getting Help

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Frequently Asked Questions

How long does a fact-finding hearing take?

Most fact-finding hearings are listed for one to three days, depending on the number of allegations and witnesses. Complex cases with extensive evidence may take longer. The court will estimate the time needed when giving directions.

Do I have to attend the fact-finding hearing?

If you are the party who has made the allegations, you will almost certainly need to attend and give evidence. If you do not attend, the court may be unable to make findings in your favour because your evidence has not been tested by cross-examination. If attending in person is a barrier, ask the court about giving evidence by video link.

Can I add new allegations after the Scott Schedule has been filed?

Generally, no. The Scott Schedule defines the scope of the fact-finding hearing. If you need to add allegations, you must apply to the court for permission to amend the schedule, and the court will consider whether this is fair to the other party given the time they have had to prepare. Raise any additional allegations as early as possible.

What if I am not believed?

A finding that an allegation is not proved does not mean the judge thinks you lied. It means the evidence did not meet the balance of probabilities threshold. If you disagree with the findings, you may be able to appeal, but appeals on findings of fact are difficult to succeed on because the appeal court gives weight to the trial judge's assessment of the witnesses. Seek legal advice before appealing.

Will my children have to give evidence?

It is extremely rare for children to give evidence in family proceedings. The court will usually rely on the Cafcass officer's assessment and any wishes and feelings report rather than requiring children to attend. If there is a proposal for a child to give evidence, the court must apply the guidelines in Re W (Children) [2010] UKSC 12.

Is legal aid available for fact-finding hearings?

Legal aid is generally available for cases involving domestic abuse, subject to an evidence gateway. You will need to provide evidence of domestic abuse — such as a police report, a letter from a domestic abuse service, a medical professional's letter, or a protective order. Contact the Legal Aid Agency or a solicitor who accepts legal aid to check your eligibility.

What is the difference between a fact-finding hearing and a final hearing?

A fact-finding hearing determines whether alleged events happened. A final hearing determines what orders to make about the children (residence, contact, etc.) in light of the established facts. They are separate stages of the same proceedings. After a fact-finding hearing, the court will usually list a further hearing to consider what arrangements are in the children's best interests.

Can PD12J apply if I am the respondent to the allegations?

Yes. PD12J applies to the proceedings, not to a particular party. If you are the respondent, you are entitled to the same procedural protections. You will have the opportunity to respond to each allegation in the Scott Schedule and to give evidence at the fact-finding hearing. If allegations have been made against you and you wish to make cross-allegations, you should raise this at the earliest opportunity so the court can include them in the Scott Schedule.

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This article provides general legal information and is not a substitute for legal advice. If you are at risk, please contact the National Domestic Abuse Helpline on 0808 2000 247 (free, 24 hours, 7 days a week). Legal aid may be available for your case — contact the Legal Aid Agency or Citizens Advice for further guidance.

Sources: Practice Direction 12J — Child Arrangements and Contact Orders: Domestic Abuse and Harm; Family Procedure Rules 2010; Domestic Abuse Act 2021; Children Act 1989; Re B (Children) [2008] UKHL 35; Re W (Children) [2010] UKSC 12; Ministry of Justice, Family Court Statistics Quarterly (2024).