All you need to know about a fact finding hearing

Have you been sent a hearing notice to attend a fact finding hearing? If so our team of family law specialists can help you prepare for this hearing and advice you on the evidence in family court needed to help your case. Our team can arrange a consultation with you to ensure you are familiar with the fact finding hearing.

You may have received a notice to attend a fact finding hearing and do not know what to expect. Our family law specialists can advise you as to what a fact finding hearing is and what this involves while considering the possibility of a resolving child arrangements even if on any interim basis.

What is a fact finding hearing?

A fact finding hearing is a type of hearing in which the judge would consider allegations and to decide important issues that are in dispute to determine whether an alleged incident took place or not. A fact finding hearing usually takes place after the initial dispute resolution appointment and prior to a final hearing in the family court.

Will a fact finding hearing lead to a final hearing in a family court?

A fact finding hearing usually takes place in child proceedings where the parties are unable to reach an agreement and are making allegations against each other which the courts may feel needs to be addressed ahead of a final hearing in the family court.

It is important to note that the court will only list for a fact finding hearing if it is satisfied that such hearing is required to determine the issues and not just because of the allegations between the parties or because it is recommended by Cafcass. If the court does not feel that that a fact finding hearing is necessary than the matter will usually proceed to a final hearing in the family court.

What purpose does a fact finding hearing serve?

Fact finding hearings are important in child arrangement matters. This is because an emphasis is placed on the welfare of the child before awarding child custody or contact. Therefore when allegations of harm are made against the child or where parent make allegations regarding each other the court may need to determine whether the allegations and incidents are true and took place. This is to ensure that the Court can be satisfied that child may not be at a risk of harm if contact is to be provided.

What happens before a fact finding hearing takes place?

Prior to a fact finding hearing the parent making an allegation must provide a list of the allegations it is making. They would then also have to provide a statement explain clearly what the allegation is, when this took place, what exactly happened, whether there is any supporting information and details if anyone else was present.

It is strongly recommended to seek early legal advice and assistance at this stage to be given the best possible change of winning a children fact find hearing.

Our child custody law specialists are available for a free initial consultation to provide you with advice that will best help you prepare or even a further opinion, if possible if you are questioning your confidence in your current legal team.

This statement from the parent making the allegations is used as evidence in family court at the fact finding hearing. It is important that any allegations are carefully considered before being made as the court can request other experts to provide information and or attend the fact finding hearing to give evidence in family court.

The parent who has been subjected to the allegations will also be able to prepare a statement whilst responding to the allegations again which forms as evidence in family court. The statements from both parents together with any other information will be used as a court bundle which will be considered at the fact finding hearing.

If you are a parent who is concerned about the court awarding contact to your former partner whom you feel is not enough to care for your child then you can contact one of our family law specialists who will be able to discuss your issues in depth. We would also be able to assist parents against whom allegations have been made and we suggest you contact us should you require more information.

What happens at a fact finding hearing?

Many parents who are going through childcare proceedings are often unaware of what happens at a fact finding hearing. Our experts can guide you through this difficult time to ensure you are kept updated with every process of your proceedings.

You may wonder what happens at a fact finding hearing. During this hearing the parent making the allegations gives their evidence first and is also cross examined. This is again repeated for the parent against whom the allegations are made. The judge will consider all evidence in family court which is presented together with the statements filed before the fact finding hearing. It is up to the party making the allegation to prove the allegation is true and must be proved on the balance of probabilities.

Further information which has been obtained for the fact finding hearing would also be considered and this could include any relevant police reports, medical records, evidence from other professionals such as teachers who may be able to provide further evidence in family court.

What happens after a fact finding hearing?

Following the evidence in court you will probably want to know what happens after a fact finding hearing. The court will make their decision on each allegation and confirm whether the allegation is proven as a fact and if so, it can be used in the final hearing in family court. If an allegation is not proven, then it will be dismissed and not considered further.

Following the fact finding hearing the Courts would have approved the facts and the matter can then proceed to the final hearing in family court.

— Q&A SECTION —

What cases are fact finding hearings used for and what evidence can be presented as evidence in family court?

Fact finding hearings are usually common in cases involving children. However, they can also be used in divorce matters as well as matters concerning domestic abuse, violence and financial matters.

Witness statements, witness evidence, police and medical records, copies of text messages, emails and photographs can all be presented as evidence in family court for purposes of a fact finding hearing:

What is a final hearing family court in the UK?

Many people of want to know about a final hearing family court in the UK. A final hearing is effectively the hearing in which the court would provide its decision. For example in a child proceedings matter the final hearing will confirm which parent the child will stay with and the contact arrangement.

Speak to our family law specialist in York today

For more extensive advice, we welcome you to contact us on 0330 094 5880 to discuss your options or let us call you back. With family law specialists in York, Manchester and London and further offices open nationally we are proud to be a leading provider for family law and serving client’s nationally across the Country.

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Kabir Family Law Northampton

20-30a Abington Street
Northampton
NN1 2JA

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Kabir Family Law Oxford

1 & 3 Kings Meadow
Oxford
OX2 0DP

View Location

Kabir Family Law Newcastle

Clavering House
Clavering Place
Newcastle upon Tyne
Tyne and Wear
NE1 3NG

View Location

Kabir Family Law London

Kabir Family Law London
16 High Holborn
Holborn
London
WC1V6BX

View Location

Kabir Family Law York

Tower Court
3 Oakdale Road
North Yorkshire
York
YO30 4XL

View Location