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10 December 2021 / Kim Beatson , Victoria Rylatt
Issue: 7960 / Categories: Features , Family
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Fact Finding Hearings in private children proceedings

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In the first of a two-part series, Kim Beatson & Victoria Brown provide an expert guide to split hearings
  • A cut out and keep guide to Fact Finding Hearings in private children proceedings.
  • The definitions of domestic abuse, the burden of proof as well as evidential and practical issues.

A ‘Fact Finding Hearing’ (FFH) is the first limb of a split hearing, which is a hearing divided into two parts. In the first half, the court makes findings of fact on issues identified by the parties or the court and recorded in a Scott Schedule. During the second part, the court decides the case based on the findings.

When are they held?

An FFH is not always necessary. Practice Direction 12J of the Family Procedure Rules 2010 (PD 12J) contains detailed guidance on determining whether or not it is necessary to conduct an FFH with respect to allegations of domestic abuse.

Often there will be a clear and stark issue such as sexual or serious physical

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