What is a fact-finding hearing?
A judge orders a fact-finding hearing to decide a disputed fact in children's law court proceedings.
In this blog, our Family Law Solicitors answer your questions about fact-finding hearings. Book a consultation with one of our specialist London Family Lawyers if you want to know whether you should request or object to a fact-finding hearing in children's law proceedings.
Contact our Children Law Solicitors Today for Expert Family Law Legal Advice.
Appointments are available at our office in London, as well as by phone or online consultation.
When will the court order a fact-finding hearing?
Annually, there were 51,473 private law children cases started in 2024, a 1% increase from 2023*. In each application, the court will consider whether to order a fact-finding hearing.
Private law children cases include applications for:
- A child arrangement order
- A specific issue order
- A prohibited steps order
- The variation of a child arrangement order
The court will not routinely order a fact-finding hearing. The judge must be satisfied that the additional hearing is necessary. To order a fact-finding hearing, a judge must believe:
- The disputed fact is central to the case and
- The judge can't decide what type of child law court order is in your child’s best interests until the court has determined if the disputed allegation is true or not.
*Family Court Statistics Quarterly: October to December 2024 - GOV.UK
What is a disputed fact?
A disputed fact is a claim made by one party that the opposing party disputes during the proceedings. A disputed fact cannot be a matter of opinion. For example, a mother may believe her ex-husband is dangerous and, therefore, should not have contact with the child. That is an opinion. Her opinion may be based on disputed facts.
Here are two disputed facts:
- The father regularly physically assaulted the mother, witnessed by the child and
- The mother states that she ceased contact between father and child on 30 March 2025. The father states that he last saw his child on April 2, 2025.
The first disputed fact may justify a fact-finding hearing, but the second won't. While both are disputed facts, only the first one is central to the issue of the contact arrangements with the father. If the court finds the father assaulted the mother in the presence of the child, then depending on the severity of the assaults and the risks posed to the mother and child, the finding may justify a child arrangement order that does not allow direct contact or provides for handovers via a third party.
What is a finding of fact?
A finding of fact is a judge's decision on whether an allegation or disputed fact is true or not. If a judge makes a finding, their decision on what order is in a child’s best interests will be based on their finding.
Once a finding has been made, all subsequent child welfare decisions will be based on the facts established by the judge. However, a parent could say that they have made changes. For example, attending an anger management course or a parenting course on the impact of domestic violence on children.
Is a fact-finding hearing necessary?
Whether a separate fact-finding hearing is necessary will depend mainly on your specific circumstances. Your Family Lawyer will carefully assess if such a hearing is likely to be in your interests and make representations, as necessary, to the court about whether the court should hold the hearing.
A fact-finding hearing isn’t necessary if the disputed fact won't affect the judge's final order, which is based on what is in a child’s best interests. For example:
- A finding that adultery took place doesn’t mean that a child should not live with or have contact with the parent who had an affair.
- A fact-finding hearing won't be necessary to determine if domestic violence took place or not if the person who committed the domestic abuse was prosecuted and convicted of a criminal offence.
- A fact-finding hearing may be necessary if allegations of child sexual abuse were made even though the police decided there was insufficient evidence to charge. In family law proceedings, a lower standard of proof is required to establish a finding of fact compared to criminal proceedings.
The seven-step fact-finding hearing process
If a fact-finding hearing is ordered, the seven-step fact-finding hearing process is as follows:
- The court determines the scope of the fact-finding hearing.
- The person making the disputed allegations prepares a schedule so the other party and court know what is being alleged. This is called a Scott schedule. A schedule is needed where several allegations and serious incidents are alleged to have occurred.
- The person making the allegations and any witnesses prepare statements setting out what happened.
- The person responding to the allegations and any witnesses prepare statements in reply.
- The court may hold a short direction hearing before the fact-finding hearing.
- The fact-finding hearing takes place, and after the judge has heard evidence, the judge makes findings.
- The judge will then consider the court's listing of the application for a welfare hearing and determine what further evidence is needed.
The court guidance states that the judge who made the findings should be the same judge who makes the decisions at the welfare hearing.
Can a parent challenge a finding of fact?
If a parent wants to challenge a finding made by a judge they will need to appeal the finding. To succeed on an appeal, the parent must demonstrate that either the judge misinterpreted the facts or committed an error in law. An example of a factual error is the judge stating there were 20 incidents of domestic violence while the victim only said there were two. An example of a legal error is the judge applying the wrong standard of proof when deciding whether to make a finding or not.
What happens after a judge makes a finding of fact?
Where a fact-finding hearing has taken place and the judge has made findings, the court will typically then list a welfare hearing. This may also be referred to as the final hearing.
There is a delay between the fact-finding hearing and the final hearing, so:
- The parents have time to reflect on the findings made by the judge
- The court can commission reports
- Parents can file statements saying what child arrangement order they would like the court to make after considering the judicial findings
Parents can react differently to findings. One parent may accept that there was domestic violence in the relationship and decide to address their behaviour. Another parent may think that the conclusions were rubbish or try to appeal them.
What reports will a judge order after a fact-finding hearing?
The reports a judge orders after a fact-finding hearing depend on the nature of the judge’s findings. The judge could order:
- A report by CAFCASS
- A report by an adult psychiatrist or psychologist
- A report by a child psychologist
- A medical report
- A report by a contact supervisor after a period of supervised contact
Every family and fact-finding hearing is different, so a Family Law Solicitor cannot predict what reports will be ordered at the outset of a child arrangement order or prohibited steps order application. However, they can advise on the range of potential reports.
For example:
- CAFCASS advises the family courts about the welfare of children and what is in their best interests. It is usual for CAFCASS to be asked to report on a child’s wishes and feelings or to prepare a broader report on welfare issues surrounding the application. If the CAFCASS report were ordered before the fact-finding hearing, it would have to state: If the judge finds that assaults took place, I recommend X; but if the judge finds that there is insufficient evidence to establish that the assaults took place, I recommend Y.
- The court may order a report from an expert, such as a psychologist or a report on their drug taking. A parent can refuse to cooperate and cannot be forced to see a psychologist or medical practitioner. However, the court can draw adverse inferences from their decision to not cooperate with the court-ordered assessment.
If a CAFCASS or expert report is ordered, then the author of the report will be sent a copy of the judge’s findings.
Questions about fact-finding hearings
It is normal to have questions about fact-finding hearings, such as:
- Should I ask for a fact-finding hearing?
- Will holding a fact-finding hearing prolong the proceedings?
- What evidence can I produce for the fact-finding hearing?
- Can I appeal against a finding of fact?
- What are the implications of a finding?
- Do I need representation at a fact-finding hearing?
- How will the findings affect my child arrangement order or specific issue order application?
Our specialist Family Lawyers can answer all your questions. For example, in response to question five, if a finding is made in court case A regarding your son from your first marriage, your second wife could ask permission to use the findings in court case A in court case B concerning your daughter from your second marriage. The finding may also be relevant to a third party. For example, if the court finds you seriously assaulted a child, the finding may be relevant to a third party if you are employed as a childminder or teacher.
Whatever your questions, our experts are here to help guide and support you with your child arrangement order, specific issue order and prohibited steps order applications.
Contact our Children Law Solicitors IN London Today for Expert Family Law Legal Advice.
Appointments are available at our office in London, as well as by phone or online consultation.
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