What Is a Fact-Finding Hearing
A fact-finding hearing is a separate preliminary hearing in which the family court makes findings of fact about disputed matters, most commonly allegations of domestic abuse. It is not a final decision about child arrangements. It determines what the court accepts as having happened, which then informs the welfare analysis at the final hearing.
The court does not hold a fact-finding hearing in every case involving allegations. The judge decides at an early stage whether one is necessary and proportionate. If the allegations, even if proved, would not materially affect the welfare outcome, the court may proceed without one.
The Standard of Proof
The standard of proof in family proceedings is the balance of probabilities -- more likely than not. This is lower than the criminal standard of beyond reasonable doubt. The court can find that something happened even without a criminal conviction, and can decline to find something happened even where a conviction exists.
The court considers all evidence: witness statements, documents, medical records, police reports, local authority records, and oral evidence. Credibility is central. The judge assesses whether accounts are internally consistent, consistent with documents, and consistent with what was said to agencies at the time.
How to Prepare Your Evidence
Your witness statement must be specific. Vague allegations carry little weight. For every incident you rely on, include: the date or approximate date, what was said or done, who was present, what the immediate effect was, and any corroborating evidence.
Corroborating evidence includes photographs of injuries, medical records, police call-out records, messages and emails at the time, school or GP records noting concerns, and evidence from people you told at the time. A contemporaneous account carries more weight than a recollection made years later.
What Happens at the Hearing
Fact-finding hearings typically last one to three days. Each party gives evidence and is cross-examined. The judge asks questions. Both parties make closing submissions. The judge then makes findings on each allegation.
These findings are recorded in a judgment or schedule of findings. The case then proceeds to a welfare hearing where the judge considers what child arrangements order to make in light of those findings.
If Allegations Are Made Against You
Approach the hearing with calm and specific evidence. Do not make counter-allegations that are not well evidenced. Credibility is everything in fact-finding hearings.
Address each allegation specifically. Where you have documents or records that contradict the account given against you, include them. Focus on inconsistencies in the other party's account and any implausibility in what is alleged.