Finding of fact hearings low cost support, from years of expert experience 

🔴  Allegations of Domestic Abuse

Support for Parents in the Family Court

If you are facing allegations of domestic abuse in private family law proceedings and cannot obtain legal aid, I can help you prepare your case properly and assist you in accessing free legal support at court from professionals working within the family court system, where available.

🔴 I Can Help

I provide practical, affordable support at the preparation stage and throughout proceedings, including:

• Guidance on preparing your case before court

• Help understanding Family Court Practice Directions and procedure

• Assistance obtaining free court-based legal support where legal aid is unavailable

• Support preparing case files, evidence, and written statements

• Help formulating appropriate questions in response to disputed allegations

• Assistance responding to allegations schedules and statements

• Advice on managing Finding of Fact hearings on a tight budget

Where direct cross-examination by the accused is not permitted, I explain how the process works and how questions can be put lawfully and effectively through the court.

Pre-court advice is available.

🔴 Finding of Fact Hearings

The Court of Appeal has clarified when fact-finding hearings are required in cases involving allegations of domestic abuse.

In Re H-N (Children) (Domestic Abuse: Finding of Fact Hearings) [2021] EWCA Civ 448 and K v K [2022] EWCA Civ 468, the Court confirmed that:

• A fact-finding hearing is not automatic

• The court should only order one where the alleged abuse is relevant to the decisions being made about the child's welfare

• Under Family Procedure Rules 2010, rule 3.3(1), the court must consider non-court dispute resolution at every stage of proceedings

The Court has made clear that courts and professionals have previously been too willing to embark on fact-finding hearings without proper consideration of what purpose they serve within the overall proceedings.

If this guidance is applied robustly, it should lead to:

• Fewer unnecessary fact-finding hearings

• Narrower and more focused issues

• Reduced delay and cost

This approach is already being adopted by some magistrates and district judges, who are refusing fact-finding hearings even where both parties initially request one.

🔴 a Fact-Finding Hearing Is Ordered

Where a fact-finding hearing is considered necessary:

• The person making allegations must schedule them clearly, with dates, details, and a supporting statement

• The responding party has the opportunity to reply to each allegation

• Witness statements may be filed

• The court may order disclosure of police, medical, or other relevant records

At the hearing, the judge will consider each allegation individually and decide whether it is proved or not proved.

🔴 Happens After Findings Are Made

Following the judge's decision:

• If no allegations are proved, decisions about child arrangements may be made immediately

• Often, the court will allow time for reflection and may:

  • List a further hearing

  • Involve CAFCASS

• If findings are made, the court will consider risk management, which may include:

  • Supervised contact

  • Participation in Domestic Abuse or Anger Management Programmes

  • Indirect contact only (letters or cards)

In serious cases, the court may decide that it is not safe for a child to have face-to-face contact with a parent.

🔴 About False Allegations

Parents should be aware that serious or deliberate false allegations can themselves be considered harmful to a child. In extreme cases, such behaviour may lead the court to conclude that it is not in the child's best interests to live with, or even have contact with, that parent.

🔴 And Serious Findings

High Court judges have warned against unnecessary appeals and poorly considered fact-finding hearings.

I have explained to many parents that adverse findings of fact can have lifelong consequences, including severe restrictions on contact with their children. Where a fact-finding hearing is unavoidable, I strongly advise that a barrister is instructed for that hearing wherever possible.

🔴 Application of the Guidance

In many private law cases — other than the most serious domestic violence allegations — it may be possible to progress contact safely without a fact-finding hearing, particularly where:

• The alleged perpetrator is willing to:

  • Give undertakings to the court

  • Engage in anger management or behaviour-change programmes

• A graduated approach to contact (supervised to unsupervised) can be safely managed

This can significantly reduce cost, delay, and emotional harm to children.

If you want, I can also:

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