What is a Fact-Finding Hearing in Family Proceedings

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Written by Anna Chaban, (Manchester) – Children Law, Cartwright King Solicitors

A fact-finding hearing is a type of court hearing used in family proceedings, most generally in cases involving domestic abuse or allegations of harm.

A fact-finding hearing is held when there are serious disagreements about what has happened between family members. This is known as the ‘factual matrix’. The findings assist the court in making informed decisions regarding the welfare of the child involved in family disputes and will be basis of any assessments moving forward.

When is a Fact-Finding Hearing Needed?

The court may order a Fact-Finding Hearing when:
• there are allegations regarding domestic abuse.
• one parent states that the other caused harm to a child.
• the facts are unclear and affect decisions about a child’s welfare.

They can take place in private and public law proceedings.

What to Expect During the Fact-Finding Hearing

During the hearing, the parties present their evidence and arguments. This includes written evidence and also oral evidence (giving evidence in the witness box) where you can be cross examined by the other party or their legal representatives.

The judge will assess the reliability of the evidence and establish whether the allegations are proven on the balance of probabilities (more likely than not).

The outcome of the hearing will significantly affect following decisions concerning child arrangements or other orders. This is then known as the welfare stage.

Do You Need Legal Advice?

Fact-Finding Hearings can be complex and stressful. They are not easy hearings to navigate aloe.
Clear preparation and good legal advice are crucial as you do not wish for findings to determined wrongly because of bad preparation or not knowing or understanding the process correctly
It is highly recommended to seek and work with a family law solicitor to guide the complexities of the hearing.

A family law solicitor can help you:
• Understand the process including how presentation of evidence and how witnesses may be called.
• Prepare evidence – a written statement and any supporting evidence, such as witness statements or documents, which need to be prepared beforehand.
• Present your case clearly and fairly.