Fact-Finding Hearings in Domestic Abuse Cases: How Allegations Are Tested in Court

A fact-finding hearing is a Family Court hearing where a judge decides whether alleged domestic abuse happened. It is most common in child arrangements and some care proceedings, where the court needs clarity about risk before making decisions for a child.

Why the Family Court Orders a Fact-Finding Hearing for Domestic Abuse Allegations

The court does not hold a fact-finding hearing in every case. It will usually only be ordered where the allegations are relevant to the child’s welfare, and the court cannot safely decide interim or final arrangements without first deciding what is true. This approach is reflected in Practice Direction 12J, which guides how the court deals with cases involving domestic abuse.

In practical terms, the court is trying to answer:

• Did the alleged abuse happen?
• What is the impact on the child (directly or indirectly)?
• Is there an ongoing risk to the child or the other parent?
• What safeguarding measures are needed for contact and handovers?

What a Fact-Finding Hearing Decides and What It Does Not Decide

A fact-finding hearing is about events and behaviour, not final outcomes.

It can decide:

• Which allegations are proven, not proven, or not pursued
• Whether there is a pattern of behaviour (for example, coercive control)
• Whether there is a risk of harm relevant to child arrangements

It does not decide:

• Final child arrangements (that usually come later, once findings are made)
• Criminal guilt (the Family Court uses a different legal test)

The Legal Test: “Balance Of Probabilities” In Fact-Finding Hearings

The Family Court decides allegations on the balance of probabilities, meaning the judge asks whether something is more likely than not to have happened.

This is one reason preparation matters: the judge is weighing competing accounts against documents, consistency, and credibility.

How Fact-Finding Hearings Work In Practice

While every case is different, most fact-finding hearings follow a similar structure:

Statements and a List of Allegations

The court will identify the allegations it needs to decide. Often, these are set out in a Scott Schedule (a table listing each allegation and each response), particularly where there are multiple incidents.

Evidence and Documents the Court Will Consider

Typical evidence includes:

• Police disclosure, body worn video references, and incident logs
• Medical records (GP, hospital, health visitor notes)
• Social services records and safeguarding notes
• Screenshots, messages, emails, call logs, social media material
• Photos, injuries, property damage evidence
• Witness evidence (where relevant and permitted)

Giving Evidence and Cross-Examination

Usually, each party gives evidence and is questioned (cross-examined). The judge may also ask questions directly.

In cases involving domestic abuse allegations, the court can also put safeguards in place around how evidence is given, including limits on questioning and other protective measures.

The Judge’s Findings

After hearing evidence, the judge will:

• Make findings on each allegation
• Explain the reasons in a judgment (or provide a list of findings)
• Give directions for the next stage of the case

Under PD12J, where fact-finding is directed, the court will typically ensure Cafcass receives the findings so the welfare assessment is based on what the court has decided happened.

Why Fact-Finding Findings Matter For Child Arrangements And Care Proceedings

Findings can shape the whole direction of a case, including:

• Whether contact is supervised, supported, indirect, or paused
• Whether there should be safeguarding conditions (handover arrangements, no contact between adults, protected addresses)
• Whether the court orders further assessments or reports after findings
• The credibility of each party’s evidence going forward
• The overall risk assessment in private law and public law cases

In short, the findings often become the factual foundation for every decision that follows.

How to Prepare for a Fact-Finding Hearing in a Domestic Abuse Case

Good preparation is not about writing more; it is about being clear, consistent, and evidence-led.

1. Build a Clear Timeline Linked to Evidence

Create a timeline of key incidents with:

• Dates, locations, and what is alleged
• What evidence supports it (messages, police log number, medical record, witness)

2. Focus on the Issues the Court Must Decide

Judges are looking for relevance to welfare and risk, not every relationship dispute. A focused case is often more persuasive than an overloaded one.

3. Organise Your Documents Properly

Courts work from bundles. If your evidence is scattered, poorly labelled, or duplicated, it weakens the impact even if it is important.

4. Think Carefully About Witnesses

Witness evidence can help, but only if it is relevant and reliable. Many cases turn more on documents and the parties’ own evidence than on multiple witnesses.

Legal Representation for Fact-Finding Hearings: Why It Makes A Difference

Fact-finding hearings are evidence-heavy and procedurally strict. Having a solicitor helps you:

• Narrow allegations to what truly matters
• Present evidence in a court-ready way
• Challenge the other party’s evidence properly and fairly
• Protect your position on safeguarding, contact, and next steps

Facing a Fact-Finding Hearing? Speak To ASA Solicitors

If you’re heading towards a fact-finding hearing in a domestic abuse case, the outcome can shape everything that follows, from interim contact to final child arrangements and, in some situations, the direction of care proceedings. These hearings are decided on evidence and credibility, so the way your case is prepared, presented, and challenged matters.

At ASA Solicitors, we help parents and carers understand exactly what the court is trying to decide, what evidence will carry weight, and how to approach the hearing in a clear, structured way. We can support you with the allegation schedule, statements, evidence preparation, and robust representation at court, so you are not dealing with a high-stakes hearing on your own.

If you have received notice of a fact-finding hearing, or domestic abuse allegations have been raised in your case, speak to our team as soon as possible for clear, confidential guidance.