A fact-finding hearing is a specific type of hearing in the family court where the judge is asked to make findings of fact about disputed events, typically allegations of domestic abuse, harmful behaviour, or other serious matters relevant to the welfare of the children or the parties involved. Fact-finding hearings are distinct from hearings that decide what orders to make: their sole purpose is to establish what happened.
A fact-finding hearing is ordered by the court where there are significant disputed allegations that the court needs to resolve before it can properly decide on child arrangements or other matters. Common situations include:
The court will only order a fact-finding hearing where it is necessary and proportionate. Not every allegation leads to a fact-finding hearing. The court must decide whether the factual dispute is capable of affecting the outcome of the proceedings and whether a hearing is the most effective way to resolve it.
The burden of proof in family fact-finding hearings is the civil standard. The balance of probabilities. The judge decides what is more likely than not to have happened.
Findings made at a fact-finding hearing significantly shape the subsequent proceedings. If findings of domestic abuse are made, a CAFCASS officer will carry out a risk assessment, and the court's approach to child arrangements will be heavily influenced by those findings. An unfounded allegation that is not proved at the fact-finding hearing may also affect the court's view of the parent who made it.
Fact-finding hearings are among the most challenging hearings in the family court. They involve giving evidence under oath, being cross-examined, and cross-examining the other party: all in relation to sensitive and often highly emotive events. Having a barrister represent you at a fact-finding hearing is strongly advisable. Under current rules, parties in cases involving domestic abuse allegations cannot directly cross-examine each other: cross-examination must be conducted through a legal representative or a court-appointed advocate.
A fact-finding hearing is held to determine disputed factual allegations in family proceedings, most commonly allegations of domestic abuse. The judge makes findings on the balance of probabilities. Those findings then shape the subsequent child arrangements proceedings significantly. Specialist legal representation at a fact-finding hearing is strongly advisable, and in domestic abuse cases, may be legally required.