A ‘fact-finding hearing’ is a special court session which is intended to help the court decide whether allegations made by one party against another are true, typically in disputes involving children, domestic abuse, substance abuse, and controlling or coercive behaviour. The hearing takes place in the family court after the First Hearing Dispute Resolution Appointment (FHDRA) and before the final hearing. Fact-finding hearings are only requested by the family courts in the UK in the course of family dispute proceedings in limited circumstances. If one party makes allegations during a family law proceeding and the other party denies doing so, the judge may decide that a fact-finding hearing is necessary. The court will typically only order a fact-finding hearing if the allegations made directly relate to and will make a difference to the court’s final decision in a family law dispute proceeding. Caselaw, in this area, also confirms that, where relevant, the allegations made must have a direct impact on the child’s welfare to warrant a fact-finding hearing. If the party against who the allegations have been made admits to their actions, or they are found guilty by a criminal court, then the judge is much more likely to decide there is no need for a fact-finding hearing.
How to prepare for and win a fact-finding hearing?
Fact-finding hearings can involve complex legal and evidential issues, so we strongly recommend working with a family law solicitor or barrister if possible. To prepare for and win a fact-finding hearing, we recommend:
- Taking your time when preparing statements and schedules of allegations (or responding to allegations made against you)
- Prepare your evidence carefully
- Inform the court about any harm that you or your child(ren) have suffered, or are at risk of suffering.
Take your time when preparing statements and schedules of allegations (or responding to allegations made against you)
You will need to provide a written statement and schedules of allegations (Scott Schedules) (or response to the schedule of allegations), which will be used by the judge in fact-finding hearings to understand what has happened and whether allegations made are true on a balance of probabilities. The more accurate and complete your statement and schedule of allegations (or response if allegations have been made against you), the more helpful this will be in assisting the judge in their decision-making process. Don’t rush your responses; check that the dates and information you provide match with any evidence that you provide to the court.
Prepare your evidence carefully
Gather any evidence you can to support your case; this may include:
- Documents or records from medical professionals, police, or your local authority
- Correspondence, emails, texts, messages, or other forms of communication from the other party,
- Photos or videos
- Create a timeline to track alleged incidents
It is essential that your evidence relates to your case and matches in terms of the details and dates provided. This will help the judge determine whether the allegations are true or not. Judges are experienced in assessing truthfulness. Exaggeration, evasion, or emotional outbursts can damage your credibility.
Inform the court about any harm that you or your child(ren) have suffered, or are at risk of suffering.
It is important that you inform the court if you or your child have suffered or are at risk of suffering harm. Likewise, if such allegations have been made against you, it is essential that you respond using the correct process. To inform the court of such allegations or respond to allegations made against you, complete Form C1A (Allegations of Harm and Domestic Violence Supplemental information form).
What happens at a fact-finding hearing?
At your fact-finding hearing, a number of procedural steps must be completed, starting with the opening statements and ending with a final decision by the judge overseeing the case. The main steps in a fact-finding hearing are as follows:
- Opening statements – both parties are given an equal opportunity to summarise what has happened, the basis for their claims, and the outcome they are seeking
- Presentation of evidence – both parties will be asked to provide evidence to support or respond to the allegations made.
- Witness statements – witnesses will be given the opportunity to provide evidence on behalf of their party. It is essential that any witnesses representing you provide a true account of what happened.
- Questions from the judge – the judge will ask questions of both parties and any witnesses to understand what happened.
- Cross-examination – both sides will have the chance to challenge the allegations and evidence provided.
- Final decision – the judge will make a final decision on whether the allegations are true or not.
What happens after a finding of fact?
After a fact-finding hearing in UK family court, the judge delivers a judgment summarising the findings, such as what facts have been proven or not proven based on the evidence. What happens next depends on those findings and the stage of the overall case. The outcome may lead to the court issuing an order (e.g. Child Arrangement Order, Non-molestation Order, Occupation Order, Prohibited Steps Order).
If you do not agree with the outcome of a fact-finding hearing, you may be able to appeal, but only in very limited circumstances. It is important to consult with your family law solicitor regarding your legal options and whether an appeal is feasible. An appeal is only likely to be considered where it can be shown that the judge was wrong, unjust, or the wrong process was followed.
