Understanding Fact‑Finding Hearings: What Parents Need to Know

A fact‑finding hearing is the court’s process for deciding whether alleged incidents, on the balance of probability, happened, i.e is it more likely than not that the allegation occurred. This is a different standard of proof compared to criminal proceedings. In private children cases involving domestic abuse allegations, fact‑finding is ordered where disputed events, if proven, would bear materially on the child’s welfare or the safety of contact. Not every case requires one, but when the core dispute turns on credibility and risk, the court may list a dedicated hearing to make findings before moving on to welfare decisions.

It is important to note that even if allegations have been made by one parent to the police and the police have taken no further action regarding the allegations, they can still be raised again in the Family Court.

Preparation is crucial. The court expects focused witness statements supported by relevant evidence. Digital communications, such as texts, emails and call logs, are common exhibits, alongside professional records such as police logs, GP notes, and school reports. Photographs or recordings can assist if they were lawfully obtained and clarify issues in dispute, it is important that covert recordings are avoided if at all possible. Evidence can be attached to your statement by way of an exhibit.

Should matters proceed to a Fact Find Hearing then credibility often turns on consistency, proportionality, and demeanour. Answer questions directly and avoid speculation. If you do not know, say so. Keep your focus on the child’s welfare and the practical steps that make contact safe. Parents who can accept reasonable safeguards, even while disputing allegations, demonstrate insight, a quality the court values highly because it signals safe parenting going forward.

Outcomes at fact‑finding have real consequences. Where allegations are proven, the court will craft robust safeguards and, in serious cases, may restrict or pause contact while protective measures are put in place. Where allegations are not proven, the court typically reduces or removes restrictions and moves toward normalising contact, often alongside a welfare assessment. Either way, findings bring clarity to the case and allow the court to tailor arrangements proportionately. It is possible for the Court to consider any allegations that were made that were deliberately false to consider whether that parent can indeed encourage and promote a relationship between the other parent and the children and if not, the court may consider a change in residence to be in the child’s best interests.

After the hearing it is important to comply promptly with any directions. Implement agreed safeguards and maintain a child‑centred approach in all communications and proposals. If the process has been emotionally taxing, consider support from your GP or reputable counselling services. Taking care of your wellbeing helps you parent consistently and engage constructively with the ongoing proceedings.