header-logo header-logo

06 February 2026 / Victoria Rylatt , Robyn Laye
Issue: 8148 / Categories: Features , Family , Child law , Abuse , Divorce
printer mail-detail

Determining the facts in family disputes

241913
Victoria Rylatt & Robyn Laye report on recent issues that have arisen in fact-finding hearings
  • 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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
back-to-top-scroll