Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Domestic abuse definition

What does Domestic abuse mean? Domestic abuse means abusive conduct between partners or family members, relevant to criminal and civil proceedings. England and Wales: The Domestic Abuse Act 2021 defines domestic abuse where both people are aged 16+ and personally connected, and the behaviour is abusive. Abusive behaviour includes physical or sexual abuse, violent or threatening behaviour, controlling or coercive behaviour, economic abuse (conduct with a substantial adverse effect on the person’s ability to acquire, use or maintain money or other property, or obtain goods or services), and psychological, emotional or other abuse. A single incident or a course of conduct can suffice. Abuse...

Fact-finding and split hearings in private law children proceedings: PD12J, domestic abuse, vulnerable parties, conduct, proof and appeals (England and Wales)

Published by a LexisNexis Family expert

Practice notes

This Practice Note outlines fact-finding (also called split) hearings in private children cases. It identifies the considerations in the family procedure rules 2010 (FPR 2010), SI 2010/2955, and in FPR 2010, PD 12J, which guide the court when deciding if a split hearing is necessary where domestic abuse is alleged, and the issues to be addressed if a fact-finding hearing is required.

It describes the court’s role at such a hearing and the approach taken when deciding whether an allegation is proved. Fact-finding hearings, or split trials, are scheduled within private law children proceedings so that oral evidence can be heard on disputed matters bearing on the child’s welfare. In reaching conclusions on the allegations, the court applies the balance of probabilities.

When will a fact-finding hearing take place?

A fact-finding hearing is not warranted in every private law children case. Before the court lists one, there must first be an allegation, or several allegations, concerning domestic abuse,...

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Katherine Illsley

Harcourt Chambers

Katherine’s family practice covers matrimonial finance, TOLATA, Schedule 1, and private law children proceedings. She has experience acting for local authorities, guardians and parents in public law children cases, including in cases involving allegations of non-accidental injuries.Katherine also is regularly instructed in housing and property work, and due to the frequent crossover with family law has a particular interest in cases involving trusts....

Web page updated on 21/05/2026

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