Fact-finding hearings in family court - the process

Fact-finding hearings in family court – the process

When there are family disputes involving children, the Court’s primary concern will always be ‘the welfare of the child[ren]’. Unfortunately, there are some cases where serious allegations of abuse or neglect are made by one parent against the other (or both parents against each other). To ascertain if there is truth behind these allegations, the Court may order a fact-finding hearing. Here’s what you need to know about the process.

What is a fact-finding hearing?

A fact-finding hearing is a court procedure whereby a District Judge (or higher) examines disputed allegations in detail. Such allegations often involve:

Domestic violence
Abuse or neglect of children
Substance misuse
Financial abuse.

A fact-finding hearing plays a key role in deciding what is in the child[ren]’s best interest. The aim is to establish a clear factual foundation which can inform the Court’s decisions on important matters, such as residence, contact or other family arrangements.

What is the standard of proof in a fact-finding hearing?

In fact-finding hearings, the ‘truth’ is determined on a balance of probabilities basis – meaning, did the alleged incident more likely than not occur? This is vastly different from criminal cases whereby the standard of proof is ‘beyond reasonable doubt’. Based on this, it is possible that a finding made in a family court is later not proved beyond reasonable doubt in a criminal court.

What evidence is presented?

Both parties are expected to provide a witness statement detailing their version of events. This is supported by exhibits, containing evidence such as text messages, phone logs and videos. The parties may also be directed to obtain relevant police disclosure and/or medical evidence relating to the alleged incidents.

What is the structure of a fact-finding hearing?

Before the hearing, the Court usually holds a pre-trial review where the structure of the upcoming fact-finding hearing is discussed. Typically, the structure is as follows:

Opening statements. Legal representatives for each party provide a general overview of the allegations.
Presentation of evidence. Each party gives evidence and is then cross-examined by the opposing party.
Evaluation of evidence. The Judge examines all the evidence to determine what did or didn’t happen.
The judgement. The Judge delivers their decision, often in the form of a ‘written judgement’ which is then adopted as part of the Court proceedings.

What happens next?

Once the Judge has delivered their findings, the case will move to the ‘welfare’ stage. If any findings have been made, the Court may direct Cafcass to file a Section 7 report, making recommendations about future arrangements for the child[ren].

If the Court has found the allegations to be true, Cafcass will treat them as proven when making their recommendations. If the Court has not made any findings, Cafcass will treat them as not proven and disregard them in their assessment.