What is a Fact-Finding hearing?
If you’re involved in family court proceedings, particularly where there are serious allegations such as domestic abuse, you may encounter a fact-finding hearing if the accused party denies the allegations.
These hearings enable the family court to determine whether disputed allegations are true. The standard applied is the balance of probabilities, meaning the judge must be at least 51% satisfied an event occurred.
Fact-finding hearings are not always necessary. We often explain to clients that if there’s already a criminal conviction or if the allegations don’t impact the child’s welfare, the court may decide to proceed without one.
However, where safety is in question, a hearing helps the court build a clear picture before making decisions about matters like child arrangements.
Fact-finding hearings are similar to trials: a written statement and a schedule of allegations is required, evidence relating to the alleged incident(s) must be presented, and witnesses may be cross-examined.
We have supported many clients through these proceedings and can safely say that preparation is the best way to manage the stress and uncertainty these cases can bring.
Here are a few tips on how you can prepare for a fact-finding hearing:
- Be detailed and consistent in your statement.
- Work closely with your solicitor to document and present clear, relevant evidence.
- Be honest, focused, and ready to answer difficult questions.
- Keep the child’s best interests front and centre.
If you’re facing a fact-finding hearing or wondering if one might apply to your case, don’t hesitate to reach
