If an allegation is proven, the court doesn’t automatically impose harsh restrictions. 

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What is a Fact Finding Hearing and Why Does it Happen?

A fact finding hearing is a specific stage in child arrangement proceedings where the court decides whether certain serious allegations—like domestic abuse, non-accidental injury, or other risks—are true. The court only holds this hearing if there are disputed facts that could affect the safety or welfare of a child. It’s not about punishing anyone, but about making sure future decisions are based on evidence, not suspicion or accusation.

The court will only consider the allegations listed in a document called a Scott Schedule. This is a table, usually prepared by the applicant, listing each allegation separately (for example, “On 12 March 2024, the respondent shouted at me in front of the child”). The judge will usually limit the number of allegations—sometimes to 3, 6, or 11—so only the most serious or relevant are included. If you’re the respondent, you’ll receive this table and have a chance to respond in writing before the hearing. Only the allegations in the Scott Schedule will be tested—nothing else.

Before the Hearing: How to Prepare

Read the Scott Schedule carefully. Go through each allegation one by one. For each, you’ll be expected to give your own account—either admitting, denying, or explaining what happened. This is your chance to submit your version in writing, and you should do this before the hearing.

Gather your evidence. For each allegation, think about what evidence you have that supports your account or contradicts the other party’s version. This could be text messages, emails, photos, medical records, or witness statements. If you have evidence that shows the allegation is false or didn’t happen as described, make sure it’s ready.

Be precise with your language. The applicant may try to use words that suggest you acted deliberately or maliciously. Stick to neutral, factual descriptions. For example, “We made physical contact in the hallway” is very different from “I pushed them.” If something was accidental, say so: “I waved my arm and the phone landed on them,” not “I threw a phone at them.”

Remember: Only the allegations in the Scott Schedule will be discussed. If the other party tries to bring up new incidents, you can politely point out that only the listed allegations are being considered.

Fact finding hearing cross-examination

The hearing is structured and methodical, with the judge working through each allegation listed in the Scott Schedule. For every allegation, you’ll be asked about the circumstances before, during, and after the event. The judge is assessing not just what happened, but whether there’s a pattern, any intent, and the impact on the child or other party.

You are entitled to refer to the court bundle—including your own written submissions and the evidence provided by both parties—before responding to any question. Take your time to check the relevant documents so your answers remain consistent with what’s already been submitted. This helps avoid accidental contradictions or statements that weren’t intended, which can happen when you’re under stress.

If you’re cross-examined, listen carefully to each question. If you don’t recall a detail, it’s appropriate to say “I don’t remember” rather than guessing or elaborating. The judge is interested in what can be supported by the evidence, not speculation or emotional responses. If you have evidence in the bundle that contradicts an allegation, refer to it specifically—such as a message, medical record, or witness statement.

Avoid introducing new information that hasn’t already been submitted, as this can complicate your case and may be challenged. Stick to the facts as presented in your written statement and the bundle. If you need a moment to check a document before answering, you can ask for it. The judge will appreciate clarity and consistency, and will base their findings on the evidence before the court.

After the Hearing: What the Court Decides and What Happens Next

Once the hearing is over, the judge will go through each allegation listed in the Scott Schedule and make a finding: proven, not proven, or not relevant. The judge will explain their reasoning, usually in a written judgment. This document is vital—it sets the facts for the rest of your case and will be used by Cafcass or the local authority if a Section 7 report or addendum is needed.

If an allegation is proven, the court doesn’t automatically impose harsh restrictions. The judge will look at the context and the risk of repetition. For example:

• If neglect was found, but it happened three years ago and there’s been no repeat, the court may decide the risk is now low—especially if you’ve shown change or insight since then.

• If you lost your temper a few times, but the child enjoys spending time with you and there’s no evidence of ongoing harm, the court might order you to attend an anger management course rather than reduce or remove contact. The focus is on minimising future risk, not punishing past mistakes.

• The court will also consider whether the behaviour was directed at the child or another adult, and whether it’s likely to affect the child’s welfare going forward.

If an allegation is not proven or not relevant, the court will usually disregard further accusations of the same kind. This means the other party can’t keep bringing up the same issues, and the court will focus on what’s best for your child now.

What happens next?

• The judgment is shared with Cafcass or the local authority, who may be asked to prepare a Section 7 report or an addendum. This report will look at your child’s welfare in light of the court’s findings and make recommendations for future arrangements.
  
  

• The rest of your case will be based on the facts as found at the hearing. If the risk is low or manageable, the court may keep contact as it is, or make small adjustments to ensure your child’s safety and wellbeing.
  
  

• If you’ve shown insight, taken responsibility, or completed any recommended courses, the court will take this into account as a positive step.

In summary: A proven allegation doesn’t always mean drastic changes. The court’s main concern is whether your child is safe and happy, and whether any risk can be managed. Showing that you understand the court’s concerns and are willing to make changes can make a real difference to the outcome.

5. Survival Tips and Reassurance

• Focus only on the Scott Schedule. Don’t get drawn into defending yourself against new or irrelevant allegations.

• Be honest and clear. If you accept something happened, explain it in your own words, especially if it wasn’t intentional or malicious.

• Highlight contradictions. If the other party’s evidence doesn’t match their story, point it out calmly.

• Stay calm under pressure. The judge is used to seeing people nervous—take your time, breathe, and answer as best you can.

• Remember: A proven allegation doesn’t always mean you’ll lose contact. The court looks at risk, relevance, and whether the child’s welfare is affected.

6. Sample Language and Pro Tips

• “I accept there was contact, but it was not deliberate or intended to cause harm.”

• “I do not recall the incident as described. My recollection is…”

• “The messages from that day show a different version of events.”

• “I understand the concern, but I have never acted with intent to harm.”
  
  

7. Moving Forward

Once the fact finding is done, the court’s focus shifts to your child’s welfare and practical arrangements. The findings bring clarity and can actually protect you from ongoing or repeated accusations. Stay focused on your child’s best interests, and know that you’ve faced a difficult process with honesty and resilience.

It can be helpful to read about other people’s experiences on forums such as Mumsnet—just search “fact finding hearing mumsnet” for real stories and practical tips. Hearing how others have navigated the process can help you feel less alone.