Fact finding hearings: what they are and how to prepare
A fact finding hearing is a hearing where a judge decides whether specific allegations - usually domestic abuse - are proved. It is not about the final arrangements for your child; it decides the factual foundation first, so the welfare decisions afterwards are made on solid ground.
When the court orders one
In children cases involving allegations of domestic abuse, Practice Direction 12J governs the process. At the first hearing (the FHDRA), the court "must identify at the earliest opportunity the factual and welfare issues involved" and consider whether allegations need judicial determination before any welfare decision. Where allegations, if proved, would be relevant to the child's welfare, the court gives directions for a fact finding hearing (PD12J para 16): timetables for statements, disclosure (police, medical, messages), and a listing.
The allegations schedule and response
Expect this sequence:
- The person making allegations files a schedule: numbered allegations, each with date, place, what happened, witnesses, and exhibits.
- The other party files a response: admit / part-admit / deny each allegation, with their own account.
- Disclosure follows: the court can order police disclosure (DVPN/DVPO records, callouts), medical records, and phone/technical evidence.
- Both sides file witness statements following the directions - see our guide to family court witness statement format.
The standard of proof
The standard is the balance of probabilities - is it more likely than not that the allegation happened? The court applies this to each allegation in turn. Where a court is deciding whether a party has been violent or abusive, PD12J reminds judges that findings must be based on evidence.
How to prepare if you made the allegations
- Your schedule is your case: keep it factual, dated, and evidenced - exhibit the messages, the GP record, the police reference numbers.
- Consistency matters: the judge will compare your schedule, your statement and your oral evidence, so check that dates and details match.
- Think about corroboration for each allegation; contemporaneous documents beat memory.
How to prepare if you are responding
- Answer every allegation in your response, as the court directs, so the judge knows what is agreed and what is disputed.
- Collect your own exhibits: messages, location data, witnesses who can speak to specific events.
- Be accurate: say what you accept, what you accept in part and what you deny, and why. Only say what is true.
What happens after
The judge delivers findings, usually in writing or dictation read aloud. Proved allegations then feed into the welfare analysis (PD12J: the court must consider how any findings affect the welfare assessment and contact decisions). Some findings also found applications under the Family Law Act 1996 - see our guide to non-molestation orders. The court then lists a welfare hearing (or directs the next stage) on the found facts.
Frequently asked questions
- How long does a fact finding hearing take?
- Anywhere from half a day to several days, set at the directions stage according to the number of allegations and witnesses. The court fixes the listing at the FHDRA.
- Will my ex and I be cross-examined?
- Each party usually gives oral evidence and can be asked questions. But where there is evidence of domestic abuse between the parties, the law (Part 4B of the Matrimonial and Family Proceedings Act 1984, in force since July 2022) can stop either of you questioning the other in person. If neither of you has a lawyer, the court can appoint a qualified legal representative to ask the questions instead. The court also considers participation directions such as screens, separate waiting areas or a video link. Our guide to cross-examination in person and qualified legal representatives explains how this works.
- Can I settle partway?
- Admissions can be recorded as findings by consent at any point before or during the hearing - judges actively encourage this to narrow the issues.
Sources (checked 5 Oct 2026): Practice Direction 12J - Child Arrangements and Contact Orders: Domestic Abuse and Harm (justice.gov.uk, paras 4-16, 28+); FPR 2010 Part 3 and r.3.8. General information, not legal advice - a solicitor or family law adviser should be consulted for case-specific questions.