UK Family Court·Insights for litigants in person
Gap 276

Assumption: "A fact-finding hearing decides the final arrangements for my child."

1 min read

This content reflects observational insights and lived community experiences. It does not constitute legal advice — always consult a qualified professional for your specific circumstances.

What People Expect

Litigants often assume that once the fact-finding hearing is over and findings are made, the court will go on to decide contact or living arrangements at the same hearing.

Court Reality

A fact-finding hearing decides only specific factual allegations — whether certain events happened or not. It does not decide the final child arrangements. After findings are made, the case continues to a welfare stage where the court applies the welfare checklist (section 1(3) Children Act 1989) to decide what arrangements are in the child's best interests. Winning or losing individual findings is not the same as winning or losing the overall case. (Re C [2026] EWFC 74 (B))

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The Gap?

"A fact-finding hearing decides the final arrangements for my child."

Court Reality

A fact-finding hearing decides only specific factual allegations — whether certain events happened or not. It does not decide the final child arrangements. After findings are made, the case continues to a welfare stage where the court applies the welfare checklist (section 1(3) Children Act 1989) to decide what arrangements are in the child's best interests. Winning or losing individual findings is not the same as winning or losing the overall case. (Re C [2026] EWFC 74 (B))

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Published31 August 2026Last reviewed31 August 2026

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