Schedules of allegations: presenting disputed facts clearly

A schedule may be directed where the court decides that disputed allegations need to be determined, particularly before it can:

• assess risk;
• obtain an effective welfare report;
• decide safe child arrangements;
• consider whether a fact-finding hearing is required; or
• make a final welfare decision.

A schedule should not be prepared merely because one party wants to make allegations. The court will consider whether determining the disputed facts is necessary, relevant and proportionate.

Practice Direction 12J now emphasises identifying:

• the key facts in dispute;
• specific events or examples;
• patterns of coercive and controlling behaviour;
• the overall context;
• the effect on the child or alleged victim;
• the respondent’s account; and
• the evidence required to determine the issues.

This allows the court to assess alleged abuse holistically rather than treating each incident as unrelated.

The exact headings must follow the court’s order. Depending on the case, they may include:

• allegation number;
• date or relevant period;
• concise description of the allegation;
• pattern or context relied upon;
• alleged effect on the child or party;
• supporting evidence and bundle reference;
• respondent’s response;
• respondent’s supporting evidence; and
• the court’s finding.

The schedule should use precise factual language. It should not contain unnecessary commentary, submissions or exaggerated descriptions.

The focus should be on allegations that are:

• relevant to the decisions the court must make;
• capable of being understood and answered;
• sufficiently specific;
• supported by available evidence where possible;
• representative of any alleged wider pattern; and
• necessary for assessing welfare or future risk.

The schedule should not become an exhaustive diary of every argument in the relationship.

Where a pattern of coercive or controlling behaviour is alleged, representative incidents may need to be accompanied by a clear explanation of the wider pattern and its cumulative effect.

Evidence may include:

• police records;
• medical records;
• messages or emails;
• photographs;
• recordings where lawfully obtained and permitted;
• social-services records;
• professional records;
• contemporaneous notes; and
• witness evidence.

Each reference must be accurate. A schedule entry should not claim that a document proves something it does not actually show.

The schedule does not replace a witness statement. The statement will normally provide the fuller narrative and context.

A response should:

• state whether the allegation is admitted, denied or partly admitted;
• identify any genuinely incorrect detail;
• provide a concise alternative account;
• identify relevant supporting evidence;
• avoid responding with unrelated counter-allegations; and
• address any alleged pattern as well as individual events.

The respondent should not speculate or alter their account simply to fill every box.

• preparing a schedule before checking the court’s order;
• listing too many minor or irrelevant incidents;
• omitting dates or meaningful time periods;
• using labels without describing the conduct;
• failing to explain the effect on the child;
• treating coercive control as disconnected incidents;
• including legal argument rather than factual allegations;
• making inaccurate evidence references;
• copying lengthy message exchanges into the table;
• adding allegations after the deadline without permission;
• treating the schedule as a substitute for a witness statement; and
• assuming every listed allegation will be determined.

Price Family Law can provide support with:

• reviewing the court’s directions;
• identifying the issues the court must determine;
• analysing a chronology and evidence;
• selecting relevant allegations;
• identifying patterns and context;
• drafting a clear schedule from the client’s instructions;
• preparing responses to allegations;
• cross-referencing supporting evidence;
• ensuring consistency with the witness statement; and
• preparing for a fact-finding hearing.

Schedule preparation or review is available as a One-Off Fixed Fee Service or may form part of Complete Case Support.

The fee is confirmed after reviewing:

• the court order;
• the permitted number or scope of allegations;
• the volume of source material;
• the required witness statements;
• the filing deadline; and
• the agreed scope of work.