Fact-finding hearings — what they are, when they happen and how to prepare

REVIEWED BY: Sean McNamara on 2026-08-30

When parents make serious allegations in a children case — violence, abuse, coercive control — and the other parent denies them, the court may hold a fact-finding hearing: a dedicated hearing whose only job is to decide what actually happened. Arrangements for the child are decided afterwards, on top of the established facts. This guide explains the process. It is general information, not legal advice.

What a fact-finding hearing does

The judge hears evidence — usually oral evidence, with cross-examination — about the alleged incidents, and makes findings of fact: proved, not proved (or partially proved)
The standard of proof is the balance of probabilities — more likely than not. There is no higher standard, even for serious allegations
Findings then feed the welfare analysis: a separate stage (often a fresh hearing after a Cafcass update) where the judge decides arrangements in light of what was found

When the court holds one

Practice Direction 12J (domestic abuse in children cases) requires the court at the first hearing to consider whether allegations need determining before welfare decisions are made. A fact-finding hearing is not automatic — the court weighs:

the nature and seriousness of the allegations
whether findings would matter to the arrangements (if they'd change nothing, the hearing may be disproportionate)
whether the allegations are admitted (no hearing needed)
proportionality: court time, cost, delay — and the impact on the child

The Domestic Abuse Commissioner's 2025 research found fact-finding hearings occur in only a small minority of cases where abuse is raised (4% in its file sample) — so if you're seeking findings, expect to justify why they're necessary, with evidence.

Preparing as the party making allegations

1. Reconsider your allegations for the hearing: every allegation in your schedule must be supported by your evidence — narrow the list to what you can prove rather than inflating it 2. Build the allegation schedule: numbered allegations, each with date (or period), location, witnesses, and supporting exhibits referenced precisely 3. Witnesses: anyone who saw injuries, was told at the time, called police — name them; the court decides whether to call them 4. Documents: police logs, medical notes, photos (as statement exhibits), messages — remember messages/photos go in as exhibits, not loose in the bundle 5. Pattern evidence: for coercive control, a chronology showing the course of conduct is the evidence 6. Your oral evidence: you'll be cross-examined — read your own statement until you know it; consistency is credibility

Preparing as the party facing allegations

Respond specifically in your statement: admit, deny, or explain each allegation — and give your own evidence for every denial
Test the evidence: delay in reporting, absence of contemporaneous records, inconsistencies between accounts — these are legitimate cross-examination themes
Remember the standard: they must prove each allegation on the balance of probabilities; denials backed by evidence can defeat allegations even in serious cases
Never fabricate or embellish — a discredited defence taints everything

What happens at the hearing

The allegation schedule frames the trial; the judge rules on disputed points at the start
Each party gives oral evidence and is cross-examined by the other side (or their barrister). For LiPs, s.28 provisions mean prohibited cross-examination in-person in cases involving certain allegations of offences or protective injunctions — the court appoints a qualified legal representative to ask questions instead; as a fallback judges assist unrepresented parties within limits
Special measures apply: screens, separate waiting rooms, remote evidence — ask in advance
The judge delivers findings — usually reserved (some days or weeks later)
After findings: a welfare stage — Cafcass may be asked to report on arrangements in light of the findings; then the arrangements hearing

After findings are made

Findings bind the parties going forward in the case
Proved domestic abuse findings: trigger PD12J welfare analysis, risk assessments (Cafcass s.16A where appropriate), and strongly influence whether unsupervised contact is safe
Unproved allegations: the court moves on to welfare with the allegations out of the picture — and repeated unproved allegation cycles can provoke s.91(14) barring applications
Findings of serious abuse can also support non-molestation orders, legal aid evidence, and (in some cases) employment and housing applications

Costs

In children cases the normal rule is no order as to costs — each side bears its own — though a party's litigation misconduct (including lying in evidence) can shift costs
In financial remedy fact-finds, costs are more actively considered

Official links

YourFamilyCase.co.uk is an independent information directory — we are not affiliated with, endorsed by, or connected to HMCTS or gov.uk. This page is general information and is not legal advice. Fact-finding hearings are the most demanding hearings in family law — get advice and consider representation if at all possible.

Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.