Fact-finding hearings explained — the basis of every abuse decision
REVIEWED BY: Sean McNamara on 2026-08-28
What a fact-finding is (and isn't)
When a serious allegation of abuse is made in a child arrangements case, the court can hold a fact-finding hearing to decide what happened. It is a mini-trial on the disputed facts — heard on the balance of probabilities ("more likely than not"), a lower bar than the criminal "beyond reasonable doubt".
It does not decide the final contact outcome. It finds facts first; the arrangements hearing then decides what is safe based on those findings.
The sequence
1. FHDRA — you and your ex; Cafcass safeguarding; the court identifies whether there's a serious disputed allegation 2. If yes, a case-management hearing (CMH) sets directions for a fact-finding: statements, disclosure (police, medical, school), a schedule of allegations 3. The fact-finding hearing — witness evidence, cross-examination, the judge decides each allegation individually 4. Findings feed the next hearing (contact/arrangements) — or the case is transferred to a specialist level
How judges decide
- Each allegation is on the list; the judge gives a finding per item ("found"/"not found"), not a blanket verdict
- Corroboration matters: contemporaneous messages, independent witnesses, police/medical records
- Credibility is assessed (demeanour, consistency, plausibility) — but a liar on one point isn't automatically a liar on all
If you're the accused party
Prepare properly, address each allegation specifically with evidence, get advice (see our fathers' guides and finding-a-solicitor page). Cross-examination is controlled (see our s.28 guide). Seek the help of a Men's Advice Line or FNF for support.
If you're the alleging party
The court must take your allegations seriously (PD12J); a fact-finding is how it does so. Assemble evidence methodically — records, messages, witnesses — and be ready to be cross-examined on it yourself.
Official links
- PD12J: https://www.justice.gov.uk/courts/procedure-rules/family
- https://www.gov.uk/looking-after-children-divorce
This page is general information, not legal advice. YourFamilyCase.co.uk is an independent information directory and is not affiliated with HMCTS or gov.uk.
Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.
Preparing for a fact-finding hearing? EvidenceCanvas is an online tool for people who represent themselves in the family court. It can help you put the dates, messages and documents for each allegation into a clear chronology and a draft statement. It does not decide what happened and it does not predict findings. You check and finish every document yourself.
It is a paid tool with monthly plans and one-off options, and a limited free plan to try it. Check the current prices on its website before you choose a plan. It is not a law firm, it does not give legal advice and it cannot tell you how your case will turn out. If you can get legal advice or legal aid, consider that first.
If you are in danger, call 999. The National Domestic Abuse Helpline is free on 0808 2000 247.
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