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A matter of fact(s): fact-finding hearings in private children proceedings

22 July 2020 / Kim Beatson , Victoria Rylatt (formerly Brown)
Issue: 7896 / Categories: Features , Family
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Fact-finding hearings in private children proceedings: an overview, by Kim Beatson & Victoria Brown
  • A fact-finding hearing: a court makes findings of fact on issues identified by the parties or the court.
  • Domestic abuse and definitions: encompassing, but not limited to, psychological, physical, sexual, financial, or emotional abuse.
  • The burden of proof: on the party making the allegation.
  • Evidence and practical issues: statutory guidance.
  • Following a FFH: the best interests of a child.
  • Appealing findings of fact: notoriously difficult.

A ‘fact-finding hearing’ (FFH) is the first limb of a split hearing which is a hearing divided in to 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 (precedents available from us if needed). During the second part the court decides the case based on the findings.

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

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