Have you been sent a hearing notice to attend a fact find hearing? If so our team of family law specialists can help you prepare for this hearing and advice you on the evidence in family court needed to help your case. Understanding what happens at a fact finding hearing and what happens after a fact finding hearing is crucial for your case preparation. Our experienced team will guide you through the entire process from the initial dispute resolution appointment in family court through to the final hearing in the family court.
You may have received a notice to attend a fact finding hearing and do not know what to expect. Our family law specialists can advise you as to what a fact finding hearing is and what this involves while considering the possibility of a resolving child arrangements even if on any interim basis.
A fact finding hearing is a type of hearing in which the judge would consider allegations and to decide important issues that are in dispute to determine whether an alleged incident took place or not. A fact finding hearing usually takes place after the initial dispute resolution appointment in family court and prior to a final hearing in the family court.
Many parents are concerned about what happens at a fact finding hearing and how it differs from a final hearing family court uk proceedings. The key distinction is that fact finding hearings focus specifically on determining the truth of allegations, while the final hearing in the family court addresses the overall outcome of your case based on established facts
A fact finding hearing usually takes place in child proceedings where the parties are unable to reach an agreement and are making allegations against each other which the courts may feel needs to be addressed ahead of a final hearing in the family court. Therefore prior to a fact finding hearing being ordered a dispute resolution appointment in family court would have taken place.
It is important to note that the court will only list for a fact finding hearing if it is satisfied that such hearing is required to determine the issues and not just because of the allegations between the parties or because it is recommended by Cafcass. If the court does not feel that that a fact finding hearing is necessary then the matter will usually proceed to a final hearing in the family court and following the dispute resolution appointment in family court taking place.
Fact finding hearings are important in child arrangement matters. This is because an emphasis is placed on the welfare of the child before awarding child custody or contact. Therefore when allegations of harm are made against the child or where parent make allegations regarding each other the court may need to determine whether the allegations and incidents are true and took place. This is to ensure that the Court can be satisfied that child may not be at a risk of harm if contact is to be provided.
A fact finding hearing typically lasts between half a day to several days, depending on the complexity of allegations and evidence in family court. The duration depends on the number of witnesses, the extent of cross-examination, and the volume of evidence in family court that needs to be considered. Simple cases with limited allegations may conclude within a few hours, while complex matters involving multiple witnesses and extensive documentation can extend over several days.
Prior to a fact finding hearing the parent making an allegation must provide a list of the allegations it is making. They would then also have to provide a statement explain clearly what the allegation is, when this took place, what exactly happened, whether there is any supporting information and details if anyone else was present. The court would usually provide such directions at the dispute resolution appointment in family court where the matter has not been able to conclude.
It is strongly recommended to seek early legal advice and assistance at this stage to be given the best possible change of winning a children fact find hearing.
Our child custody law specialists are available for a free initial consultation to provide you with advice that will best help you prepare or even a further opinion, if possible if you are questioning your confidence in your current legal team.
This statement from the parent making the allegations is used as evidence in family court at the fact finding hearing. It is important that any allegations are carefully considered before being made as the court can request other experts to provide information and or attend the fact finding hearing to give evidence in family court.
The parent who has been subjected to the allegations will also be able to prepare a statement whilst responding to the allegations again which forms as evidence in family court. The statements from both parents together with any other information will be used as a court bundle which will be considered at the fact finding hearing.
If you are a parent who is concerned about the court awarding contact to your former partner whom you feel is not enough to care for your child then you can contact one of our family law specialists who will be able to discuss your issues in depth. We would also be able to assist parents against whom allegations have been made and we suggest you contact us should you require more information.
Many parents who are going through childcare proceedings are often unaware of what happens at a fact finding hearing and the importance of getting your points and evidence across at a dispute resolution appointment in family court. Our experts can guide you through this difficult time to ensure you are kept updated with every process of your proceedings.
Understanding what happens at a fact finding hearing is essential for proper preparation. During this hearing the parent making the allegations gives their evidence first and is also cross examined by the opposing party’s legal representative. This process ensures all evidence in family court is thoroughly tested before the judge makes their determination.
This is again repeated for the parent against whom the allegations are made. The judge will consider all evidence in family court which is presented together with the statements filed before the fact finding hearing. It is up to the party making the allegation to prove the allegation is true and must be proved on the balance of probabilities.
Further information which has been obtained for the fact finding hearing would also be considered and this could include any relevant police reports, medical records, evidence from other professionals such as teachers who may be able to provide further evidence in family court.
Following the evidence in court you will probably want to know what happens after a fact finding hearing. The court will make their decision on each allegation and confirm whether the allegation is proven as a fact and if so, it can be used in the final hearing in family court. If an allegation is not proven, then it will be dismissed and not considered further.
Following the fact finding hearing the Courts would have approved the facts and the matter can then proceed to the final hearing in family court.
A fact find hearing is not relevant in every case. Usually a fact find hearing is needed where there are allegations. The courts will order a fact find hearing if the allegations will affect the final outcome of the proceedings. If the allegations will not alter the final outcome a fact find hearing will not be ordered. Alternatively, if a party admits the allegations then a fact find hearing may not be required. Similarly, if the party has been found guilty by another court a fact find hearing will not be necessary. The courts will consider whether a fact finding hearing is needed or not during the dispute resolution appointment in family court.
The following considerations are taken in to account before ordering a fact find hearing:
A common question which arises is how do I best prepare for a fact find hearing? If such a hearing is required, you will be asked to provide a schedule of the allegations. These will be allegations which you want to be considered. A good starting point is to prepare a statement. This should describe the history and the allegations concerned.
The statement should cover in detail the allegations mentioned in the schedule of allegations. Any evidence needs to be gathered prior to a fact find hearing. If the police are involved, then permission needs to be obtained to obtain the records. If any matters are reported to your GP, then again permission is required from the court for this. Usually a letter from your GP should suffice. If any other witnesses can provide information permission should be sought for their statements. In a nutshell the best way to prepare for the hearing is to gather all relevant evidence. The allegations need to be set out clearly and concisely within your statement. The statement should indicate how these allegations can affect the outcome.
It is important to note that witnesses can give evidence in fact find hearings. Permission must be obtained from the court prior to the witnesses providing evidence. Usually witnesses may be able to submit statements. Quite often written evidence form the police or GP will be presented before the court. However, witnesses can also attend the fact find hearing. Witnesses can include the police or medical services. Witnesses can attend fact find hearings especially if they will be examined and cross examined.
Many parents often query Do I have to attend a fact find hearing? The simple answer is yes. The purpose of the fact find hearing is to consider the allegations. Each person concerned will be required to give evidence and be cross examined. In order for the judge to reach an outcome on the allegations your attendance is compulsory. Barristers from both parties will cross examine each person.
If you are the person making the allegations you will need to ensure you attend. It is for the party making the allegations to prove they are true. The judge will consider the evidence provided before and at the hearing. A decision will then be made whether the allegations are true. Failing to attend the fact finding hearing may mean you have lost the opportunity to prove your case. This could have a negative effect on the overall matter. If a party has special circumstances the courts can cater for this. If one party is afraid of the other, then the court may make alternative provisions. Parties can give evidence via video or behind a screen. This stresses the importance of giving evidence at a fact find hearing.
The best advice on a fact find hearing is to ensure you are prepared. If you are the party making the allegations you need to prove your case. It is important that any allegations are backed up by evidence. Parties should not make false allegations to portray a negative image of the other party involved.
It is important your statement clearly deals with your allegations. Ensure you provide in detail how such allegations can affect the overall case. If you are facing allegations you need to ensure you seek legal advice on defending these. It is important you provide strong responses and evidence to the allegations raised.
It is important to remember that each case is different. Therefore, tailored advice needs to be provided based on individual circumstances. Our specialists at Kabir Family Law provide tailored advice to suit your needs. We understand no case is the same and treat each case independently. With years of experience we can assist you by preparing you for your fact finding hearing, explaining what happens at a fact finding hearing, and guiding you through what happens after a fact finding hearing. Whether you’re facing a dispute resolution appointment in family court or preparing for a final hearing family court, our team provides comprehensive support throughout your case. Contact our offices today to see how we can help your family law matter.
You cannot refuse to attend a fact finding hearing once ordered by the court, as attendance is mandatory for all parties involved. However, you can oppose the court’s decision to hold a fact finding hearing during earlier case management hearings by arguing that the allegations are irrelevant to child welfare decisions or that alternative protective measures would be sufficient.
Winning a fact finding hearing requires comprehensive evidence preparation, credible witness testimony, and strategic presentation of facts that support your position. Success depends on providing consistent, well-documented evidence in family court, maintaining credibility under cross-examination, and ensuring all allegations are supported by contemporaneous documentation such as medical records, police reports, or professional witness statements.
After findings of fact are made, the case proceeds to a final hearing where the judge considers proven facts when making child arrangement decisions. If allegations are proven, the court will assess what protective measures are necessary, which may include supervised contact, contact centres, or therapeutic interventions. The proven facts become part of the permanent court record and influence all future decisions about child arrangements.
Yes, fact finding hearing decisions can be appealed, but only on limited grounds including errors of law, procedural irregularities, or where the judge’s findings were not supported by evidence. Appeals must be filed within 21 days and require permission from the Court of Appeal. Most appeals focus on legal process rather than re-arguing facts, as appeal courts rarely overturn factual findings made by trial judges who observed witnesses directly.
Practice Direction 12J provides specific guidance for family courts when domestic abuse allegations arise in private law proceedings. It establishes the framework for determining when fact finding hearings are necessary and ensures courts properly assess risks to children’s welfare before making arrangement decisions.
Fact finding hearings use the civil standard of “balance of probabilities,” meaning judges decide if allegations are more likely than not to have occurred (over 50% probability). This differs from criminal proceedings which require proof “beyond reasonable doubt” (typically 95-99% certainty). This lower threshold makes it easier to prove allegations in family court compared to criminal convictions.
A Scott Schedule is a structured table document that lists allegations chronologically with specific details including dates, locations, witnesses, and supporting evidence. Courts often order Scott Schedules to organise complex cases with multiple allegations, making it easier for judges to follow evidence in family court and ensure all issues are properly addressed during the hearing.
Generally yes, parties must attend a MIAM (Mediation Information and Assessment Meeting) before court proceedings unless specific exemptions apply. MIAM exemptions include cases involving domestic abuse, child protection concerns, or urgency. The court will verify that MIAM requirements have been met or valid exemptions claimed before proceeding with any fact finding hearing.
Courts consider several factors: whether allegations are denied, if proven facts would impact child welfare decisions, whether alternative mitigation (like supervised contact) could address concerns, and if the hearing would be proportionate to the issues. The court must be satisfied that determining these facts is essential for making proper child arrangement decisions.
Fact finding hearing costs vary significantly based on complexity and duration. Court fees are typically £232, but total legal costs can range from £5,000-£25,000 depending on case complexity, witness requirements, and hearing length. Complex cases requiring expert witnesses or extending over multiple days will incur higher costs.
Courts can arrange various protective measures including giving evidence via video link, using screens to prevent direct visual contact with the alleged perpetrator, allowing support persons to accompany witnesses, and scheduling regular breaks. Special measures applications should be made well in advance of the hearing.
Judgments are typically delivered either immediately after the hearing concludes or within 2-4 weeks for complex cases requiring detailed written decisions. Simple cases with clear evidence may receive immediate oral judgments, while complex matters often require reserved judgments with comprehensive written findings.
Yes, proven findings from family court fact finding hearings can be relevant in related proceedings including criminal cases, civil claims, or future family applications. However, different courts apply different evidence standards, so family court findings don’t automatically determine outcomes in other jurisdictions.
Non-compliance with court directions can result in sanctions including adverse inferences being drawn, costs orders, or in serious cases, committal proceedings for contempt of court. Courts expect strict adherence to timetables for filing evidence, witness statements, and other required documents.
While children rarely give direct evidence in fact finding hearings to protect them from trauma, their views may be conveyed through Cafcass reports, specialist child psychologists, or judicial interviews in appropriate cases. Courts prioritise protecting children from the adversarial process while ensuring their welfare remains paramount.
A fact finding hearing typically lasts between half a day to several days, depending on the complexity of the case and amount of evidence in family court. Simple matters may conclude within 1-2 days, while complex cases with multiple witnesses can extend over 5-7 days.
Yes, you can represent yourself at a fact finding hearing, but it’s strongly recommended to seek legal representation. The process involves complex legal procedures, cross-examination, and presentation of evidence in family court that requires specialist knowledge to navigate effectively.
Attendance at a fact finding hearing is mandatory. Failing to attend may result in the case proceeding without your input, potentially leading to adverse findings against you. The court may also issue a warrant for your arrest in serious cases.
Evidence in family court for fact finding hearings can include witness statements, medical records, police reports, photographs, text messages, emails, social media posts, and any other documentation that supports your allegations or defence.
Children rarely give direct evidence at fact finding hearings. Instead, their views may be represented through Cafcass reports or specialist child psychologists. The court prioritizes protecting children from the trauma of giving evidence directly.
A fact finding hearing determines whether specific allegations are true or false, while a final hearing in the family court makes decisions about arrangements based on proven facts. The fact finding hearing establishes the facts; the final hearing applies those facts to determine outcomes.
Witness statements should be chronological, factual, and detailed. Include specific dates, times, locations, and circumstances. Avoid emotional language and focus on observable facts. Each allegation should be addressed with supporting evidence where possible.
Yes, fact finding hearing decisions can be appealed, but only on points of law or if there were serious procedural errors. Appeals must be filed within 21 days of the judgment and require permission from the Court of Appeal.
If allegations are proven after a fact finding hearing, the case proceeds to a final hearing in the family court where the judge will consider these proven facts when making decisions about child arrangements, contact, or other orders.
While not mandatory, having a barrister experienced in family law is highly recommended for fact finding hearings. Barristers specialize in court advocacy, cross-examination, and presenting evidence in family court effectively.
Fact finding hearing dates are typically scheduled 8-16 weeks after the dispute resolution appointment in family court, depending on court availability and case complexity. Urgent cases involving immediate risk to children may be expedited.
If allegations are admitted by the responding party, a fact finding hearing may not be necessary. The case can proceed directly to a final hearing in the family court, saving time and costs for all involved parties.
Recording fact finding hearings is generally prohibited without express court permission. All proceedings are officially recorded by the court, and transcripts can be requested through proper legal channels if needed for appeals or other purposes.
Courts can provide various support during fact finding hearings, including giving evidence via video link, using screens to avoid direct contact with the other party, having a support person present, or allowing frequent breaks if needed for emotional support.
Fact finding hearings are usually common in cases involving children. However, they can also be used in divorce matters as well as matters concerning domestic abuse, violence and financial matters.
Witness statements, witness evidence, police and medical records, copies of text messages, emails and photographs can all be presented as evidence in family court for purposes of a fact finding hearing:
Many people want to know about a final hearing family court in the UK. A final hearing is effectively the hearing in which the court would provide its decision. For example in a child proceedings matter the final hearing will confirm which parent the child will stay with, and the contact arrangements being put in place. The order from this hearing will be binding and will need to be followed, failing which there could be enforcement proceedings.
For more extensive advice, we welcome you to contact us on 0330 094 5880 to discuss your options or let us call you back. Alternatively arrange a call-back.
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