Understanding Finding of Fact Hearings

Taking the stress out of complex child custody cases and Finding of Fact Hearings.

Are you recently divorced or separated and finding yourself at the centre of making arrangements to jointly care for your children with your ex-partner? If so, you’re not alone – and you’re not without support. Our dedicated family law team has been helping parents just like you since 1876.

We understand that separating from a partner is rarely easy, especially when children are involved. While many parents find they can agree childcare arrangements between themselves, others find that communication breaks down or serious concerns arise. Sometimes, allegations of domestic abuse or harmful behaviour come into play, making the process far more complex and emotionally overwhelming.

In these cases, a judge may decide that a finding of fact hearing is needed before any long-term custody decisions can be made. If that’s the position you’re in now, we’re here to help.

What is a finding of fact hearing?

A finding of fact hearing is a court process that takes place within Children Act proceedings, when one or both parties make serious allegations about the other – for example, relating to abusive, controlling, or unsafe behaviour.

Before a judge can decide who the children should live with, or how much time they should spend with each parent, they need to understand whether those allegations are true. That’s where the finding of fact hearing comes in. Think of it as a “mini trial” where the court reviews evidence, hears from witnesses, and ultimately decides whether it believes, on the balance of probabilities, that certain events did or didn’t happen.

This process is hugely important and incredibly sensitive. That’s why having a caring, experienced legal team by your side makes all the difference.

Who does Jacksons represent?

Whether you are a parent making serious allegations against your former partner, or a parent who has been accused and wishes to contest the claims, we can help. We act for either party in these highly emotive cases, and our only focus is ensuring the very best outcome for your family – especially your children.

Our team approaches every case with empathy, discretion, and professionalism. We know how much is at stake, and we’re here to ease the burden.

What happens during the hearing?

Depending on the number and complexity of the allegations, a finding of fact hearing can last anywhere from one day to several. The judge will need time to review:

• Written evidence, such as statements and supporting documents
• Oral evidence from the parties involved
• Witness statements, if permitted by the court
• Cross-examination of both parties and any witnesses

Before the hearing, both parents will usually be asked to prepare detailed written statements making or responding to the allegations. These will include a statement of truth, so accuracy is essential. Exhibits – such as text messages, emails, or photographs – may also be submitted to support the evidence. If witness statements are required, the court will decide whether these are necessary and proportionate, and whether witnesses should attend the hearing to give oral evidence.

After considering all the information, the judge will decide whether the alleged incidents occurred, based on the civil standard of proof — meaning they must be satisfied that it is more likely than not that the events happened.

Why do finding of fact hearings matter?

These hearings are not just about establishing the truth – they can shape your child’s future. The judge’s decision will be considered in later proceedings when deciding where your child should live and how they will spend time with each parent.

A recent case (V v V & Anor) shows just how significant these decisions can be. In this case, a mother appealed a Child Arrangements Order allowing overnight contact with the father, despite serious findings of domestic abuse having already been made in earlier proceedings. The appeal judge agreed that the original court had not properly reviewed the potential risks to the child and overturned the order, limiting contact to unsupervised daytime visits instead.

This highlights why the findings made during these hearings are so critical, and why they should never be navigated without trusted legal support.

How can you prepare?

We know these hearings can feel intimidating, especially when emotions are running high. We’re committed to helping you feel informed, prepared, and supported at every stage.

Here are some helpful tips if you’re preparing for a finding of fact hearing:

1. Start with a strong statement
   Take your time to write a full and truthful account. Include everything that’s relevant to the allegations. Our solicitors can guide you through this. Make sure your statement is clear, concise, and supported by evidence where possible.
2. Get to know your statement
   Before the hearing, read through your statement thoroughly. You may be asked to speak about its contents in court, and it’s important to feel confident and calm when giving oral evidence.
3. Stay focused during cross-examination
   Listen carefully to each question. Take your time, answer truthfully, and don’t be afraid to ask for clarification if something isn’t clear. The court wants to hear your side of the story, in your own words.

Here for you, every step of the way

We understand just how emotionally draining these proceedings can be. That’s why we work so hard to take as much stress out of the process as possible. You’ll have a clear understanding of what’s happening, expert legal representation throughout, and most importantly, a team that truly cares.

With nearly 150 years’ experience supporting families across the North East, our Family Law Team is here to help you and your children navigate even the most complex of custody arrangements.

Need help? Contact our family team today to speak to one of our friendly, experienced family law solicitors. You don’t have to go through this alone.