What Are Fact-Finding Hearings (FFHs) &
Why Do They Happen?
Farida Hashim
Trainee Solicitor
Introduction
Family court proceedings can often feel stressful, confusing, and emotionally overwhelming. From legal terminology to court processes, it’s not always easy to know what to expect or how to prepare. Fact-Finding Hearings (FFHs) in particular can seem daunting, as they deal with serious allegations and detailed evidence. The good news is that while the process may appear complicated, it doesn’t have to be. With clear information and the right support, navigating an FFH becomes far ore manageable, and we are here to guide you through it.
What Are Fact-Finding Hearings (FFHs) and Why Do They Happen?
A Fact-Finding Hearing (FFH) is a type of court hearing that takes place within family law proceedings. Its purpose is to establish the truth of specific allegations raised by one party against another. These hearings do not cover the whole case but instead focus on whether particular incidents or claims did or did not happen.
When Are They Needed?
Fact-finding hearings are usually ordered when one side makes serious allegations, such as domestic abuse or harm to children, and the court needs clarity before making broader decisions about the case. The judge uses the FFH to carefully consider evidence and determine whether the allegations can be proven.
Preparing for a Fact-Finding Hearing
The person making allegations must set them out in a document called a Schedule of Allegations. This is typically presented in a table listing each allegation alongside the supporting evidence. They must also prepare a supporting witness statement, providing detailed, truthful accounts of the incidents in question.
The other party will then complete their section of the Schedule of Allegations and provide a response witness statement. This sets out their position on the allegations, along with their version of events.
Both sides must ensure their witness statements are consistent and accurate. Contradictory information may undermine their credibility in the eyes of the court.
What Happens on the Day?
- Opening Statements: each side, or its legal representative, begins by outlining its case to the judge.
- Oral Evidence: the person making the allegations will usually give evidence first from the witness box. They will be questioned by their own barrister, cross-examined by the other party’s barrister, and possibly asked questions directly by the judge. This allows the court to hear their version of events in their own words.
- Response Evidence: the same process is then followed for the person responding to the allegations.
Throughout the process, both parties are expected to stick closely to the evidence presented in their witness statements and any supporting documents.
The Judge’s Decision
Once both sides have given evidence, the judge will consider all the information and complete the final column of the Schedule of Allegations with their findings. Each allegation will either be upheld, dismissed, or marked as “not proven” if the evidence is insufficient.
If allegations are proven true, the judge will factor them into later decisions about the case, such as child arrangements or protective measures.
If allegations are not proven, the case will continue as though those allegations were not made.
The judge may order further evidence to be gathered or move the case forward to a final hearing, depending on what is needed.
Why Preparation Matters
Thorough preparation is vital for an FFH. Presenting clear, well-documented, and consistent evidence increases credibility. While no outcome can ever be guaranteed, honesty and careful preparation give the court the best chance of understanding the truth.
Final Thoughts
Family proceedings can feel daunting, but you don’t have to go through them alone. Understanding the process is the first step toward feeling more in control. With the right support, preparation, and guidance, navigating a Fact-Finding Hearing, and the family court more broadly, becomes far more manageable. We are here to help you every step of the way.
For specialist advice and support. Please get in touch with our corporate solicitors in London by contacting the GOOD LAW INTL office.
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