Determining the facts in family disputes

• This article examines issues that have arisen recently in fact-finding hearings in private law proceedings.
• It highlights how courts address disputed allegations of domestic abuse, and the procedural and evidential challenges involved.

In fact-finding hearings, there is a need for structured analysis, clear reasoning and evidence-based decision-making to safeguard children’s welfare while ensuring fairness and maintaining the integrity of the proceedings, as shown in the following recent cases.

X v Y

In X v Y [2025] EWFC 291 (B), the mother had made allegations of domestic abuse against the father. The court ordered the parties to file statements addressing the allegations so that it could determine whether a fact-finding hearing was necessary. The court at an earlier hearing recorded that ‘a fact-finding hearing may not be needed because the allegations of abuse are unclear and may be largely historic and have not prevented contact taking place previously’.

The