Family Law
Fact-Finding Hearing Barristers
Specialist representation where allegations of domestic abuse or harm must be decided before the court considers child arrangements.
Takes about 2 minutes. No obligation.
Barristers regulated by the Bar Standards Board
A fact-finding hearing is a separate hearing in children proceedings where the court decides whether disputed allegations, usually of domestic abuse or other harm, actually happened. It is governed by Practice Direction 12J of the Family Procedure Rules. The court will only order one where the findings are likely to be relevant to deciding what arrangements are safe and in the children's best interests, so not every allegation leads to a separate hearing.
The party making an allegation has to prove it, and the standard is the civil standard: the balance of probabilities. Since the Court of Appeal's guidance in Re H-N and Others [2021], courts have increasingly focused on whether there is a pattern of coercive and controlling behaviour rather than treating each incident in isolation. The allegations may be set out in a Scott schedule or, increasingly, in narrative statements or a list of key allegations, depending on the directions the judge gives.
Fact-finding hearings involve live evidence and cross-examination, and the rules recognise how difficult that can be. Under the Domestic Abuse Act 2021, an alleged abuser who is not represented is prohibited from personally cross-examining the alleged victim in certain circumstances, and the court can appoint a qualified legal representative to ask the questions instead. Special measures, such as screens, separate waiting areas or giving evidence by video link, can also be requested under Part 3A of the Family Procedure Rules.
Whether you are making allegations or responding to them, the findings the court makes will often shape the rest of the case. A Direct Access Barrister can help you prepare focused evidence, deal with disclosure such as police records, cross-examine the other party and witnesses, and make submissions on what the evidence does and does not prove.
What Fact-Finding Hearing Barristers Do
Hearing Advocacy
Your Barrister can:
- Present your evidence to the court
- Cross-examine the other party and witnesses
- Make closing submissions on each allegation
- Apply for special measures where needed
- Argue whether a fact-finding hearing is necessary
- Represent you at the later welfare stage
Evidence Strategy
Advice on:
- Which allegations are relevant and proportionate
- Supporting documents, messages and photographs
- Third-party disclosure such as police records
- Witnesses who may help your case
- Responding to allegations made against you
- How PD12J applies to your situation
Document Drafting
Your Barrister can draft:
- Scott schedules or schedules of allegations
- Responses to a schedule of allegations
- Witness statements in your name
- Position statements and skeleton arguments
- Applications for third-party disclosure
- Draft orders recording findings
Your Barrister drafts these documents with your instructions. Statements must be in your own words and true. You file and serve them as directed.
What You Handle
With Direct Access you:
- Collect messages, emails and photographs
- Request records you are entitled to
- Contact witnesses about giving statements
- File and serve documents by the deadlines
- Prepare the bundle if the court directs you to
- Attend court and give your evidence
How Direct Access Works
- 1
Case Review
Your Barrister reviews the allegations, any C1A forms, the Cafcass safeguarding letter and existing orders, and advises on the strengths, weaknesses and likely relevance of the issues.
- 2
Directions Hearing
The court decides whether a fact-finding hearing is needed and sets directions for schedules or statements, disclosure from the police or other bodies, and any special measures or qualified legal representative.
- 3
Schedules and Statements
Your Barrister drafts or responds to the schedule of allegations and helps you prepare a clear witness statement setting out your account, with supporting evidence exhibited.
- 4
Pre-Hearing Preparation
Your Barrister reviews the bundle, the other side's evidence and any third-party disclosure, prepares cross-examination and explains what will happen when you give evidence.
- 5
The Fact-Finding Hearing
Each party gives evidence and is cross-examined. Your Barrister questions the other side's witnesses and makes submissions. The judge then decides, allegation by allegation, what is proved.
- 6
Next Steps
The findings feed into the welfare stage. Your Barrister advises on what they mean for the arrangements for the children, including any risk assessment or further reports the court may order.
Does your case qualify for Direct Access?
Tell us about your matter and we'll confirm whether you can instruct a Barrister directly, then match you with the right specialist.
Prefer to talk? Call 0800 302 9921. Lines open 8am to 8pm, same-day callback.
Frequently Asked Questions
When will the court order a fact-finding hearing?
Under PD12J the court must consider whether the disputed allegations, if proved, would be relevant to deciding the child arrangements, and whether a separate hearing is necessary and proportionate. If the court can decide the welfare issues without resolving the allegations, it may not order one.
What is a Scott schedule?
A Scott schedule is a table listing each allegation, the date, what is alleged to have happened, and the other party's response. Following Re H-N, judges have questioned whether Scott schedules capture patterns of coercive control, so the court may direct narrative statements or a shorter list of key allegations instead.
Who has to prove the allegations?
The person making the allegation has to prove it on the balance of probabilities, meaning the court must be satisfied it is more likely than not that it happened. The person responding does not have to prove that it did not happen, although they will usually give their own account.
Can the other parent cross-examine me themselves?
Not in certain circumstances. The Domestic Abuse Act 2021 inserted provisions into the Matrimonial and Family Proceedings Act 1984 that prohibit cross-examination in person where, for example, a party has a relevant conviction, caution or charge, there is a protective injunction, or there is specified evidence of domestic abuse. The court can also prohibit it in other cases. Where it is prohibited, the court can appoint a qualified legal representative to conduct the questioning.
What is a qualified legal representative?
A qualified legal representative is a lawyer appointed by the court, and paid from central funds, solely to cross-examine a witness where a party is prohibited from doing so in person. They do not otherwise represent that party. If you instruct your own Barrister, they will conduct the cross-examination instead and can advise on the whole case.
I am accused of domestic abuse. Can a Barrister help me?
Yes. Respondents are entitled to a fair hearing and to test the evidence against them. A Barrister can help you respond to each allegation, gather evidence that supports your account, and cross-examine appropriately within the rules, which protects both your position and the fairness of the process.
What special measures are available?
Under Part 3A of the Family Procedure Rules and Practice Direction 3AA, the court can direct measures such as screens in the courtroom, separate entrances and waiting areas, or giving evidence by video link. Where a party or witness is or is at risk of being a victim of domestic abuse, they are presumed to be vulnerable for these purposes.
What happens if findings are made?
The findings become the factual basis for the rest of the case. The court will consider their impact on the children and on the parent, and may order a risk assessment, further reports, or that contact is supervised or indirect. If no findings are made, the court proceeds on the basis that the allegations did not happen.
Get Expert Help with Your Fact-Finding Hearing
Whether you are making or responding to allegations, a specialist Barrister can prepare and present your case.
Or call us: 0800 302 9921. Lines open 8am to 8pm, same-day callback.