Fact-Finding Guide:

Understanding the Process in Family Law

Introduction

In family law, disputes often arise not just over what should happen, but over what actually happened in the past. If there are allegations of domestic abuse, coercive control, or other serious concerns, the court may order a Fact-Finding Hearing.

This type of hearing focuses solely on determining the truth of disputed events before making any decisions about child arrangements or contact. If you're attending court as a litigant in person, a McKenzie Friend can help you navigate this process with confidence, clarity, and dignity.

What Is a Fact-Finding Hearing?

A Fact-Finding Hearing is a special court hearing held to determine the truth about serious allegations made by one party against the other. It typically occurs in the context of child arrangements when safeguarding concerns are raised.

Examples of issues considered at a fact-finding hearing include:

  • Domestic abuse (physical, emotional, sexual, financial)

  • Coercive or controlling behaviour

  • Substance misuse

  • Child neglect or harm

  • Threats or harassment

The hearing is not about deciding child contact or residence itself but about establishing facts that will influence those decisions later.

When Is a Fact-Finding Hearing Needed?

The court may order a fact-finding hearing when:

  • There are serious allegations that, if true, would affect contact or custody decisions

  • Both parties disagree about whether incidents occurred

  • There is insufficient evidence to determine facts through written submissions alone

  • The court needs to establish a factual foundation before proceeding to a welfare decision

The court will apply guidance from the Family Procedure Rules and the Domestic Abuse Act 2021 when deciding whether a fact-finding hearing is necessary.

What Happens at the Hearing?

A Fact-Finding Hearing is conducted like a trial. Both parties will:

  • Submit witness statements and supporting evidence (e.g. police reports, medical notes, messages)

  • Cross-examine each other (or ask questions via the judge if self-representing)

  • Call witnesses (if permitted)

  • Be questioned by the judge on disputed matters

The judge will then assess the credibility and reliability of each party's account, apply the civil standard of proof(balance of probabilities), and make findings on whether the alleged events occurred.

How to Prepare for a Fact-Finding Hearing

  1. Identify the allegations
    List out clearly what allegations have been made or are being defended. These should be specific and factual (e.g., “On 14 March 2023, he pushed me into a door”).

  2. Prepare a Scott Schedule
    This is a table summarising each allegation, the response, and any supporting evidence. The court often requires this format to simplify the issues.

  3. Gather evidence
    Include texts, photos, medical records, police reports, or witness statements.

  4. Write your witness statement
    Provide a clear, detailed narrative of the incidents you allege or deny. Stick to facts, dates, and direct experiences.

  5. Practice your oral evidence
    You’ll likely need to answer questions from the other party or the judge. Be calm, concise, and truthful.

The Judge’s Decision

After the hearing, the judge will:

  • Deliver a judgment outlining what is found to be true or untrue

  • Record findings in writing, which can influence future decisions

  • Use those findings to determine what child arrangements are safe and appropriate going forward

If allegations are not proven, they cannot be relied upon in the next stage of proceedings. If they are proven, the court may restrict contact, order supervised visitation, or make protective orders.

How a McKenzie Friend Can Help

While we cannot speak for you in court, we can:

  • Help you prepare your Scott Schedule and witness statement

  • Assist with evidence organisation and disclosure

  • Explain what to expect and rehearse your oral evidence

  • Attend court with you to provide quiet support and note-taking

  • Help you stay focused, calm, and assertive under pressure

  • Review and explain the judge’s findings afterward

Common Questions

Do I need a solicitor?

Not necessarily. Many parents represent themselves at fact-finding hearings with the support of a McKenzie Friend. However, the more serious or complex the allegations, the more advisable it may be to seek legal advice.

What if I have experienced abuse?

If you are a survivor of abuse, it’s important to inform the court. Special measures—such as screens, remote attendance, or separate waiting areas—can be requested to ensure your safety and well-being.

What happens after the hearing?

Once findings are made, the court proceeds to the welfare stage, often leading to a final Child Arrangements Order. The findings will guide what is considered safe and appropriate for the child.

Conclusion

Fact-finding hearings are often emotionally difficult, but they are essential when serious allegations affect the safety and welfare of children. With careful preparation, a calm mindset, and the right support, you can present your case effectively and with dignity.

A McKenzie Friend can provide the guidance and emotional reassurance you need—helping you present the truth and protect your child’s best interests.

📞 Need help with a fact-finding hearing?

Contact us today to book a confidential consultation. We’re here to support you every step of the way.