Fact-Finding Hearing in Children Proceedings

What is a Fact-Finding Hearing?

A Fact-Finding Hearing is a court hearing/mini trial (that can be listed for several days) within children proceedings.  It’s aim is to establish the truth of disputed allegations that are relevant to a child’s welfare. They can be a critical element in cases involving allegations of domestic abuse, neglect, or risk of harm towards a party of the child(ren).  The court’s findings provide a factual foundation to assist the court and any 3^rd party professionals involved in the matter such as CAFCASS (Children and Family Court Advisory and Support Service), in determining how the future arrangements for the child(ren) should be managed.

Does every case have to have a Fact-Finding Hearing?

Fact-Finding Hearings are not automatic. In private law proceedings involving domestic abuse, the court will need to consider whether a Fact-Finding Hearing is necessary to resolve allegations having considered, the nature and severity of allegations, their relevance to welfare decisions, the availability of evidence, the impact on the child(ren), and delay in resolving the matter.

At the First Hearing Dispute Resolution Appointment (FHDRA) or earlier directions hearing, the court is likely to determine the need for a Fact-Finding Hearing and order directions for evidence, such as witness statements and scott schedules from the parties.  This allows everyone involved in proceedings to clearly understand the allegations and what is accepted and disputed in the matter.  A further hearing may be listed after the court has considered the initial evidence to determine and plan for a Fact-Find Hearing.  It is becoming more common for a pre-trial review hearing to be listed prior to any fact find hearing.  This should be a short hearing listed to assist the court with ensuring the Fact Find Hearing can be effective and not adjourned to issues such as missing documents which would waste court time, public expense and escalate parties’ costs.  It may be that a decision is made at this hearing to reduce the time initially allocated for the Fact Find Hearing.

What actually happens?

At the Fact Find Hearing, both parties will be cross examined on their statements, evidence and scott schedule.  Witnesses may be called; these may be individuals known the family who have witnessed the abuse/ disputed allegation, or professionals involved in the child(ren)’s life.  Any findings will be determined on the balance of probability during the court’s Judgement.  The court will deliver its findings which in turn will guide subsequent decisions and inform any third parties involved in the matter. By resolving disputed facts, it will ensure that professional bodies such as CAFCASS base their recommendations on the determined truth, reducing the risk of bias or incomplete assessments.

Following Judgement, it is common for CAFCASS to be Ordered with assessing the child’s welfare, and providing their recommendations to the Court on how this matter may conclude, having regard to the findings within the Judgement, their interaction/interview with the parties and any child(ren). They will make recommendations to the court, usually by way of a section 7 report.   Parties will able to respond to the recommendations within the section 7 report, possibly via an additional statement. The author of the report can be asked to attend the final hearing to be cross examined, if the recommendations or something within the report is disputed.

What can I do?

It is imperative that you take Fact Find Hearings seriously.  It would be good practice to mention any possible issues the other party raise in proceedings, so your family law solicitor can give you essential legal advice on how CAFCASS and the court may view the concerns and how likely it will be that a Fact Find Hearing is listed.  Being honest about your circumstances will ensure your matter is dealt with effectively and fairly, the court will take a dim view of any failings to tell the truth in proceedings, causing unnecessary delay in resolving the issues.

Article dated: 25.04.25