What Happens at a Fact-Finding Hearing?
Comprehensive guide to fact-finding hearings in family court. How to prepare evidence, what to expect, and bundle requirements.
Quick Answer
Comprehensive guide to fact-finding hearings in family court. How to prepare evidence, what to expect, and bundle requirements.
What Happens at a Fact-Finding Hearing?
Last updated: January 2026
Quick Answer
A fact-finding hearing is a court process to determine whether disputed allegations (typically domestic abuse or harm to children) actually occurred. According to Practice Direction 12J, fact-finding is ordered when allegations are serious, disputed, and relevant to welfare decisions. The standard of proof is "balance of probabilities" (more likely than not). Hearings can last from half a day to two weeks. Since 2022, under Section 65 Domestic Abuse Act 2021, alleged perpetrators cannot directly cross-examine alleged victims.
Why Fact-Finding Matters
Before a court can make decisions about children's welfare, it needs to understand the family's history. If one parent alleges abuse and the other denies it, the court faces a dilemma: it can't assess risk or consider welfare without knowing what's true.
"The court must determine disputed allegations of domestic abuse and harm before making child arrangements decisions. The findings inform all subsequent welfare assessments." — Practice Direction 12J
How Findings Affect the Case
| Impact Area | Effect of Findings |
|---|---|
| Risk assessment | CAFCASS assesses risk based on established facts |
| Contact arrangements | Determines what's safe for children |
| Supervision requirements | Whether contact needs monitoring |
| Credibility | How much weight is given to each parent's evidence |
| Safeguards | What conditions or protections are necessary |
When Is Fact-Finding Ordered?
Courts don't automatically order fact-finding whenever there are allegations. The test under Practice Direction 12J is whether:
- There are allegations of serious harm
- The allegations are disputed
- Determining the truth matters to the outcome
Common Triggers
| Allegation Type | Examples |
|---|---|
| Domestic abuse | Physical violence, coercive control, emotional abuse |
| Violence or threats | Assault, intimidation, harassment |
| Harm to children | Physical abuse, neglect, emotional harm |
| Sexual abuse | Any sexual abuse allegations |
| Supervision needs | Whether contact requires oversight |
Before the Hearing
The Scott Schedule
The court typically orders the party making allegations to prepare a "Scott Schedule"—a structured document setting out each allegation:
| Column | Content |
|---|---|
| Date | When the incident allegedly occurred |
| Allegation | Specific description of what happened |
| Response | The other party's reply to that allegation |
| Finding sought | What the court is asked to find |
Specificity matters. Courts find facts about specific incidents, not general character assessments.
| Vague (Unhelpful) | Specific (Helpful) |
|---|---|
| "He was controlling throughout" | "On 3 March 2024, he monitored my phone calls and questioned me for two hours about a text from a colleague" |
| "She alienated the children" | "On 15 July 2024, she told our son that I didn't want to see him, contradicting my message at page 47" |
Witness Statements
Both parties file witness statements setting out their evidence in detail.
| If Making Allegations | If Responding |
|---|---|
| Explain what happened and when | Give your account of disputed incidents |
| Include how you felt and responded | Explain context and your version |
| Reference supporting evidence | Highlight inconsistencies in allegations |
Statements should be:
- Factual rather than argumentative
- Detailed about disputed events
- Honest about uncertainties
- Corroborated by other evidence where possible
Supporting Evidence
| Evidence Type | Examples |
|---|---|
| Communications | Text messages, emails, voice recordings |
| Visual evidence | Photographs of injuries, damage |
| Medical records | GP notes, A&E attendance, injuries documented |
| Police records | Reports, call logs, cautions, charges |
| Third-party statements | Witnesses, professionals, family |
Organising Evidence for Fact-Finding: Fact-finding bundles are often extensive and complex. BundleCreator.co helps you organise Scott Schedules, witness statements, and supporting evidence with proper pagination—essential when judges need to quickly locate specific documents during cross-examination.
The Standard of Proof
For each allegation, the court applies the balance of probabilities test:
Is it more likely than not that the alleged event happened?
| Standard | Threshold |
|---|---|
| Balance of probabilities (Family court) | More than 50% likely |
| Beyond reasonable doubt (Criminal court) | Much higher threshold |
Key implication: Something can be found proven in family court even if criminal proceedings resulted in no charge or acquittal.
The Hearing Itself
Fact-finding hearings can last from half a day to two weeks, depending on the number and complexity of allegations.
Typical Format
| Stage | What Happens |
|---|---|
| 1. Opening submissions | Each side summarises their case |
| 2. First party's evidence | Examination-in-chief, then cross-examination |
| 3. Second party's evidence | Same format |
| 4. Other witnesses | If any are called |
| 5. Closing submissions | Each side sums up the evidence |
| 6. Judgment | Immediately or reserved for later |
Giving Evidence
This is often the most demanding part. You'll be asked questions—first by your representative (if you have one), then by the other side.
Cross-examination tips:
| Do | Don't |
|---|---|
| Listen carefully to each question | Volunteer extra information |
| Answer what's asked specifically | Argue with the questioner |
| Say "I don't remember" if true | Guess or speculate |
| Stay calm regardless of tone | React emotionally to provocation |
| Address answers to the judge | Engage in personal conflict |
Special Measures
If you're alleging domestic abuse, you may be entitled to special measures under Practice Direction 3AA:
| Measure | What It Provides |
|---|---|
| Screens | Physical barrier so you don't see the other party |
| Video link | Give evidence from a separate room |
| Separate entrances | Different building access and waiting areas |
| Support person | Having someone present while giving evidence |
Request these through your solicitor or directly from the court.
Prohibition on Direct Cross-Examination
Since 2022, under Section 65 of the Domestic Abuse Act 2021:
Alleged perpetrators of domestic abuse cannot directly cross-examine alleged victims in person (and vice versa).
If neither party has legal representation, the court must appoint a qualified legal representative to conduct cross-examination.
Judgment
After hearing all evidence, the judge delivers judgment—either immediately or "reserved" for a written decision later.
What the Judgment Contains
| Element | What the Judge Addresses |
|---|---|
| Each allegation | Whether found proved or not proved |
| Credibility assessment | Why one account was preferred |
| Evidence evaluation | What evidence supported findings |
| Reasoning | Legal basis for conclusions |
If Findings Are Made
- Findings become the established factual basis going forward
- CAFCASS assesses risk on this footing
- Court considers what arrangements are safe
- Findings don't automatically determine outcomes, but inform all decisions
If Findings Aren't Made
- Case proceeds as if alleged events didn't happen
- Doesn't mean the court found you were lying
- Balance of probabilities not met ≠ finding that it didn't happen
- Affects how rest of case unfolds
Preparing Your Bundle
Fact-finding hearings require comprehensive bundles compliant with Practice Direction 27A:
| Section | Contents |
|---|---|
| Index | Full listing with page references |
| Case summary | Overview of allegations and positions |
| Scott Schedule | Structured allegations and responses |
| Witness statements | All parties and witnesses |
| Supporting evidence | Documents, messages, photos, records |
| Previous orders | Any relevant court orders |
Bundle Organisation for Fact-Finding: Judges need to quickly locate evidence during cross-examination. BundleCreator.co provides automatic pagination, hyperlinked indices, and bookmarked sections—essential for complex fact-finding bundles.
After the Hearing
Processing the Experience
Fact-finding is exhausting. Give yourself time to process before the next stage.
If Unhappy with Findings
You can appeal, but appeals are difficult:
- Must show error of law or unreasonable decision
- Disagreement with credibility assessment usually insufficient
- Time limits apply (21 days to appeal)
More commonly, you accept findings and focus on what happens next.
Moving Forward
After fact-finding, the court typically orders:
| Next Step | Purpose |
|---|---|
| Section 7 report | Welfare assessment based on established facts |
| Risk assessment | Evaluation of ongoing concerns |
| Further directions | Next hearing dates and requirements |
| Interim arrangements | Contact pending final hearing |
Frequently Asked Questions
What is a fact-finding hearing?
A fact-finding hearing is a court process to determine whether disputed allegations (usually of domestic abuse or harm) actually happened. It establishes the factual basis for all subsequent welfare decisions.
What standard of proof applies?
The balance of probabilities—is it more likely than not that the event happened? This is lower than the criminal standard of "beyond reasonable doubt."
How long do fact-finding hearings last?
Anywhere from half a day to two weeks, depending on the number and complexity of disputed allegations.
Can the alleged perpetrator cross-examine me directly?
No. Since 2022, alleged perpetrators cannot directly cross-examine alleged victims (and vice versa). If neither party has a lawyer, the court appoints one for cross-examination.
What special measures can I request?
Screens, video link evidence, separate entrances and waiting areas, and having a support person present. Apply through your solicitor or directly to the court.
What happens if findings are made against me?
The findings become established facts for the case. They inform risk assessments and affect what arrangements the court considers safe. They don't automatically determine outcomes, but significantly influence them.
Your Fact-Finding Preparation Checklist
- Prepare specific allegations – dates, times, what exactly happened
- Complete the Scott Schedule – clear, specific, evidence-referenced
- Draft your witness statement – factual, detailed, honest
- Gather supporting evidence – messages, photos, records, witnesses
- Organise your bundle – use BundleCreator.co for proper formatting
- Apply for special measures – if you're a victim of alleged abuse
- Prepare for cross-examination – practice staying calm, answering specifically
- Arrange support – for before and after each court day
- Understand the next steps – what happens after judgment
This guide provides general information about fact-finding hearings in England and Wales. It is not legal advice. For advice specific to your situation, consult a qualified family solicitor.
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Onboarding
Getting Started with BundleCreator
Your first thirty seconds in BundleCreator — the dashboard, the trial banner, the Create Bundle button top right, the area-of-law modal covering 24 areas of law plus a Pro-tips practice tile, and the editor with sections, document, toolbar, and the Sections / Continuous numbering toggle. Built for litigants in person and legal professionals across England and Wales.
Onboarding
Creating Your First Bundle
Create a bundle in three clicks — from the dashboard Create Bundle button, through the 23-area-of-law picker, to picking a hearing type and watching the editor open. This walkthrough uses the Pro-tips Starter Bundle as the example so you see the flow without real-case complexity.
Onboarding
Using Templates Effectively
Over 370 templates across 24 areas of law, pre-loaded by area + hearing type. See the pen icon in the Actions column, type over the yellow guidance, and watch the yellow strip out automatically at export — drafting prompts stay in your editor and never reach the judge. Built for litigants in person and legal professionals across England and Wales.
About the Author
Stevie Hayes
Legal Technology Compliance Specialist & Founder
Former Head of Data Security at Holland & Barrett, a Governance, Risk and Compliance specialist, Stevie brings over 30 years of technology expertise—including delivery for Sky, Disney, and BT—to court bundle compliance. His five years navigating the UK Family Court, both with legal representation and as a litigant in person, revealed the gap between what courts require and what tools deliver.
Areas of Expertise:
ISO 27001 Information Security • Data Security & Compliance • Practice Direction 27A • UK Family Court Procedures