Understanding Fact-Finding Hearings in Family Court

If you've been told your case is heading towards a fact-finding hearing, it's natural to feel anxious about what that actually means. This is one of the most significant stages in family court proceedings involving allegations of domestic abuse — and understanding how it works can make a real difference to how prepared, and how in control, you feel.

This article explains what a fact-finding hearing is, when the court holds one, what to expect on the day, and how to prepare.

What Is a Fact-Finding Hearing?

A fact-finding hearing is a separate stage within family proceedings — usually child arrangements or Children Act 1989 applications — where the court decides, on the balance of probabilities, whether specific factual allegations are true or not.

It is not a criminal trial. There is no jury, and the standard of proof is lower than "beyond reasonable doubt." The judge is simply deciding: is it more likely than not that this happened?

Fact-finding hearings typically arise when:

• One party has made allegations of domestic abuse, coercive control, or other harmful conduct

• Those allegations are disputed

• The allegations, if true, would be likely to affect decisions about a child's welfare — for example, contact arrangements or living arrangements

The court's guidance (Practice Direction 12J of the Family Procedure Rules) sets out when fact-finding hearings should be considered in cases involving domestic abuse allegations. Because this guidance is updated periodically, always check the current version on gov.uk or with a family law professional rather than relying on older summaries — including this one.

Why Does the Court Hold One?

The court needs to establish the facts before it can safely decide what's in a child's best interests. If allegations of abuse are left unresolved, the court cannot properly assess risk, and any final arrangements could be built on an incomplete or inaccurate picture.

For someone who has been falsely accused, a fact-finding hearing is often the first real opportunity to have the specific allegations tested and formally addressed — rather than left hanging over the case indefinitely.

What Happens Before the Hearing

1. Scott Schedule The allegations are usually set out in a structured document called a Scott Schedule — a table listing each specific allegation, with space for the responding party to reply to each one individually. This document becomes central to the hearing, so responses need to be clear, factual, and consistent with the evidence you're relying on.

2. Directions Hearing Before the fact-finding hearing itself, the court will usually hold a directions hearing to set a timetable: when statements are due, whether witnesses are needed, and how long the hearing will take.

3. Evidence Gathering Both parties prepare witness statements and supporting evidence — messages, emails, call logs, photographs, medical records, or third-party witness statements, where relevant. Evidence should be organised, dated, and directly relevant to the specific allegations in the Scott Schedule — courts are not assisted by large volumes of loosely relevant material.

What Happens at the Hearing

• Both parties (and any witnesses) may give oral evidence and be cross-examined

• Since amendments introduced under the Domestic Abuse Act 2021, unrepresented alleged abusers are generally not permitted to cross-examine the alleged victim directly — special measures apply, and the court will explain how questioning will be managed in your case

• The judge considers all the evidence and makes findings on each allegation — upheld, not upheld, or (occasionally) no finding made

• These findings then feed into the welfare decisions made later in proceedings, such as contact or residence arrangements

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Why Preparation Matters So Much

A fact-finding hearing can determine the trajectory of the entire case — including how much contact you have with your children going forward. Being unprepared, disorganised, or unable to respond clearly to each allegation can have a lasting impact, even where the underlying allegations are untrue.

Common mistakes people make without support include:

• Submitting a witness statement that doesn't directly address each allegation in the Scott Schedule

• Failing to gather and organise evidence early enough

• Not understanding the court's procedure, timetable, or terminology

• Becoming overwhelmed and disengaging from the process at a critical stage

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How Falsely Accused Network Can Help

At Falsely Accused Network (FAN), we support people facing false allegations of domestic abuse through the family court process — including at fact-finding hearings.

Our McKenzie Friend service provides:

• Practical, structured support preparing your response to a Scott Schedule

• Help organising and presenting evidence clearly

• Guidance on court procedure, timetables, and what to expect at each stage

• Support attending hearings with you, including fact-finding hearings, to take notes, offer quiet advice, and help you stay focused

• A calm, experienced presence from people who understand what it's like to face these allegations — because much of our team has lived through this process themselves

A McKenzie Friend cannot address the court on your behalf without the court's permission, but can make a significant difference to how prepared and supported you feel throughout.

If you're facing a fact-finding hearing and want to talk through your situation, get in touch:

📞 0204 538 8788 ✉️ support@falselyaccusednetwork.co.uk 🌐 www.falselyaccusednetwork.co.uk

We offer an initial consultation to understand your case and explain how we can help.

This article provides general information about family court procedure and does not constitute legal advice. Family court processes can vary depending on individual circumstances, and rules are subject to change. For advice specific to your case, consult a solicitor or barrister, and always verify current procedure via gov.uk or official Family Court guidance.