Fact Finding Hearing: How to Prepare & Win | Kabir Family Law

A fact finding hearing can determine the entire direction of your case — and once a judge has made findings, reversing them is extremely difficult. Our family law specialists work with clients across England and Wales preparing for fact finding hearings every week, advising on evidence in family court, witness strategy, and what actually happens at each stage. Whether you have just received a hearing notice or are preparing for a date already listed, understanding the process is the first step to giving your case the strongest possible foundation.

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 this hearing is and what this involves while considering the possibility of a resolving child arrangements even if on any interim basis.

What is a fact finding hearing?

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. This hearing usually takes place after the initial dispute resolution appointment in family court and prior to a final hearing in the family court. If you’re still at the stage of asking whether the court should list one, our separate guide explains how to apply for a fact‑finding hearing

Many parents are concerned about what happens at a finding of fact 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, In 2025, the High Court confirmed in ER v NT [2025] EWHC 2146 that judges must properly analyse whether a pattern of coercive or controlling behaviour exists — not simply whether isolated incidents post-date a child’s birth — before refusing to order a fact finding hearing.

Will a finding of fact hearing lead to a final hearing in a family court?

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 finding of fact hearing being ordered a First Hearing Dispute Resolution Appointment (FHDRA) 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 such a 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. The judge’s findings after the fact finding hearing become the established facts for the rest of the case. These findings guide third-party professionals, such as Cafcass, in their assessments and recommendations for the final order, which is the court’s official decision on the case. Our family law specialists can advise you on whether the allegations in your case are likely to meet the threshold for a fact finding hearing to be ordered, depending on your circumstances.

What purpose does a finding of fact hearing serve?

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. The court’s primary concern is the child’s future welfare, and an accurate assessment of the facts is essential before making a child arrangements order or contact orders. 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 a child may not be at risk of harm if contact is to be provided. Our family law experts can advise you on the strength of your evidence in family court and how best to present it, including whether a Cafcass section 7 report should be requested before or after the fact finding hearing.

How long does a fact finding hearing take?

A fact finding hearing typically lasts between half a day and several days. Simple cases with limited allegations can conclude in a day, while complex matters involving multiple witnesses, police disclosure and extensive documentation can run to five days or more. The volume of evidence in family court and the number of allegations will be the key factors. Our family law specialists will give you a realistic assessment of the likely hearing length in your case.

What happens before a fact finding hearing takes place?

Before a fact-finding hearing, the party making the allegations must summarize the allegations in a schedule and file a narrative witness statement in support of that schedule. Directions for this process are usually given at the FHDRA. The statement must be specific: what was alleged, when it occurred, who was present, and what supporting evidence exists. Depending on your circumstances, the complexity of this document alone can significantly affect the outcome of your case.

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 finding of fact hearing. Parties should seek advice as early as possible to understand the process and requirements.

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. If you require Emergency Child Custody Orders, our team can advise you on urgent legal steps.

This written 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 this hearing to give evidence in family court. The party against whom the allegations are made must respond to the allegations within a set timeframe, usually by providing their own written statement.

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, including other evidence such as third-party reports or communications, 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.

What happens at a fact finding hearing?

Many parents who are going through childcare proceedings are often unaware of what happens at this hearing and the importance of getting your points and evidence across at a dispute resolution appointment in family court. Understanding what happens at a fact finding hearing is essential for proper preparation. The parent making the allegations gives their evidence first and is then cross-examined. This is then repeated for the parent against whom the allegations are made.

The judge will consider the oral evidence of both parties, any witnesses, and all evidence in family court submitted before the hearing — including police reports, medical records, and professional evidence such as GP letters or school records. It is for the party making the allegation to prove it on the balance of probabilities — meaning more likely than not.

Understanding what happens at a fact finding hearing in practice — the pressure of cross-examination, the way a Scott Schedule is used, how the judge manages the hearing — is something our family law specialists prepare clients for in detail. See our guide on how a Scott Schedule works in family court.

What happens after a finding of fact hearing?

Giving evidence is a demanding experience. After the hearing, the court makes findings on each allegation — confirming whether it is proven on the balance of probabilities or dismissed.

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.

After the fact finding hearing, the case usually moves to a welfare-based hearing — often with updated Cafcass input — before reaching the final hearing in family court. Our family law experts can advise you on strategy at each stage, depending on whether findings went in your favour or against you.

Is a fact find hearing always needed?

This type of hearing is not relevant in every case and usually it 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 then this hearing will not be ordered. Alternatively, if a party admits the allegations or if the party has been found guilty by another court, a finding of fact hearing will not be necessary. The courts will consider whether such hearing is needed or not during the dispute resolution appointment in family court. The court should ensure that any allegations of domestic abuse are addressed at the first hearing, especially in such a case involving child welfare or risk of harm.

The following considerations are taken in to account before ordering a finding of fact hearing:

• The court considers whether a separate fact finding hearing is required and whether a fact finding hearing is required based on the evidence and circumstances.
• Court must be satisfied a fact find hearing is required. They are not listed because the parents want such hearings.
• If allegations are accepted no hearing is required.
• Whether the nature and extent of allegations warrant a finding of hearing.
• Whether a separate hearing is required or whether issues can be considered in a final hearing.

If you are unsure whether to push for this stage at all, our dedicated guide on avoid losing a fact‑finding hearing walks through strategy from post‑judgment options.

How to win a fact finding hearing — preparing your case

Knowing how to win a fact finding hearing starts long before the hearing date. The single most important factor is the quality of your evidence in family court and the clarity of your Schedule of Allegations.

Your statement should cover every allegation in the schedule in specific, chronological detail — what happened, when, where, who was present, and what evidence supports it. Any patterns of coercive or controlling behaviour should be documented clearly, as courts following Practice Direction 12J are required to consider these patterns as a whole, not as isolated incidents.

Gathering evidence before the hearing is critical to how to win a fact finding hearing. This includes police disclosure (requiring a court order), GP records, school referrals, text messages, and witness evidence. The process for obtaining each type of evidence in family court can be complex — our family law specialists will advise on the most effective approach for your situation.

If you are facing allegations rather than making them, your focus should be on building a clear, factual response to each specific allegation. Credibility under cross-examination will be central to the outcome. Our family law experts prepare clients for this in detail; including how to handle hostile questioning and what not to say.

Can I have witnesses in the fact find hearing?

It is important to note that witnesses can give evidence in these 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 these hearings especially if they will be examined and cross examined.

Do I have to attend the hearing?

Many parents often query Do I have to attend a fact find hearing? The simple answer is yes. The purpose of this 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.

What is the best advice on the 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. Issues of parental responsibility, as defined under the Children Act 1989, may arise in these hearings, and the Family Division of the court oversees such matters. 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 this hearing, and guiding you through what happens after this 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.

Understanding the Court’s Approach to Fact Finding Hearings

In family court proceedings, particularly those involving allegations of domestic abuse or disputes over child arrangements, the court’s approach to fact finding hearings is both structured and child-focused. The primary aim of a fact finding hearing is to establish a clear, factual basis for any disputed allegations, ensuring that decisions about a child’s welfare are made on accurate and reliable information.

For a full breakdown of how domestic abuse allegations are supposed to be managed, read our dedicated guide to Practice Direction 12J and domestic abuse protection in family court.

Under Practice Direction 12J, the court must consider whether a fact finding hearing is necessary to provide a factual basis for any welfare assessment, to allow an accurate assessment of risk, and before making final arrangements for children where disputed allegations exist. The 2024 case of E, F and G (Interim Child Arrangements) [2024] EWCA Civ 874 reinforced that courts must not order unsupervised contact ahead of a fact finding hearing where domestic abuse is alleged and the risk is unknown. Our family law specialists understand precisely how Practice Direction 12J applies to your circumstances.

When domestic abuse is alleged, the family court must carefully consider whether a fact finding hearing is necessary. The judge will assess the relevance and seriousness of the allegations, weighing their potential impact on the child’s welfare and the overall outcome of the case. The court applies the welfare checklist, which requires a thorough evaluation of any risk of harm to the child, the effect of such behaviour on family members, and the likely consequences for the child’s future welfare. This ensures that the child’s best interests remain at the heart of all court proceedings.

During a fact finding hearing, the court examines all available evidence, including witness statements, oral evidence given under oath, and other forms of supporting documentation such as police or medical reports. The judge will often use a Scott Schedule to help clarify the key issues, allowing each party to respond to specific allegations in a structured way. However, the court ensures that the process remains focused on the most significant matters, preventing the hearing from being sidetracked by less relevant disputes.

Judicial continuity is a key principle in these hearings. Wherever possible, the same judge will oversee the case from the early stage through to the final hearing. This consistency allows the judge to develop a comprehensive understanding of the evidence and the parties involved, leading to more informed and fair judicial decisions.

The court also manages the pace and direction of the hearing, aiming to avoid unnecessary delays that could negatively affect the child’s welfare. Timely resolution is essential, as prolonged uncertainty can be harmful to children and family members alike.

By understanding the court’s approach to fact finding hearings, parties can better prepare their evidence, focus on the key issues, and ensure that their case is presented in a way that supports the child’s best interests. This knowledge helps both parties and their legal representatives to navigate the complexities of family court, ensuring that the process is as efficient and effective as possible in safeguarding the welfare of the child.

— Q&A SECTION —

Can I refuse a fact-finding hearing?

You cannot refuse to attend this 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 finding of fact 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.

How to win a fact finding hearing?

Winning such complex 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.

What normally happens after a finding of fact?

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.

Can I appeal against a fact finding hearing decision?

Yes, fact finding hearing decisions can be appealed, but only on limited grounds — errors of law, serious procedural irregularities, or where the judge’s findings were clearly not supported by the evidence. Under FPR r.30.4, appeals must generally be filed within 21 days. The appeal route depends on which level of judge made the findings: appeals from a District Judge go to a Circuit Judge; appeals from a Circuit Judge go to the Family Division of the High Court. Permission to appeal is required and is not easily granted. Our family law specialists can advise on whether grounds for appeal exist in your case.

What is Practice Direction 12J and how does it affect finding of fact hearings?

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.

What is the difference between ‘balance of probabilities’ and ‘beyond reasonable doubt’ in these complex hearings?

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.

What is a Scott Schedule in fact finding hearings?

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.

Do I need a MIAM before such a hearing can be ordered?

Generally yes, parties must attend a MIAM (Mediation Information and Assessment Meeting) before court proceedings unless specific exemptions apply. Non court dispute resolution methods, such as mediation, are considered as alternatives before proceeding to a fact-finding hearing. 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 hearing.

How do courts decide if a finding of fact hearing is necessary under Practice Direction 12J?

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.

How much does a fact-find hearing cost including legal fees?

The Children Act application fee (C100) is currently £263. Beyond the court fee, total costs vary significantly depending on the length of the hearing, the number of witnesses, and whether expert reports are required. Each case is different. Our family law specialists will give you a clear picture of likely costs at the outset, based on your specific circumstances.

What support is available for victims of domestic abuse during finding of fact hearings?

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.

How long do finding of fact hearing judgments take to be delivered?

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.

Can fact find hearing decisions be used in other legal proceedings?

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.

What happens if a party fails to comply with fact-finding hearing directions?

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.

Can children’s views be considered in these hearings?

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. A Cafcass officer may be involved in preparing reports that convey children’s views to the court. Courts prioritise protecting children from the adversarial process while ensuring their welfare remains paramount.

Can I represent myself at a fact finding hearing?

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.

What happens if I don’t attend a fact find hearing?

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.

What evidence can I bring to such hearings?

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.

What is the difference between a fact find hearing and a final hearing family court?

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.

How do I prepare witness statements for a finding of fact hearing?

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.

Do I need a barrister for attending a finding of fact hearing?

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.

How long do I have to wait for a finding of fact hearing date?

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.

What happens if both parties admit the allegations?

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.

Can I record a fact-finding hearing?

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.

What support is available during a finding of fact hearing?

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.

What cases are fact-finding hearings used for and what evidence can be presented as evidence in family court?

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. Fact-finding hearings are also used in public law proceedings, such as cases involving local authority intervention for child protection.

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. Evidence may also include reports from the local authority, as well as documentation of physical or sexual abuse, including sexual abuse, as part of the court’s assessment.

What is a final hearing family court in the UK?

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.

Arrange a free consultation today

A finding of fact hearing can decide the whole direction of your case – and once the judge has made findings, they are very hard to undo. Getting clear advice on your evidence, your Scott Schedule, and how to handle cross‑examination can make the difference between allegations being proved or dismissed.

For more extensive advice, we welcome you to contact us on 0330 094 5880 to discuss your options or let us call you back to arrange a free, no‑obligation consultation about your upcoming fact finding hearing.  Alternatively arrange a call-back. With family law specialists in York, Manchester , Newcastle, Nottingham, Coventry, Cardiff, Northampton, Oxford and London and further offices open nationally we are proud to be a leading provider for family law and serving client’s nationally across the Country.