header-logo header-logo

22 July 2020 / Kim Beatson , Victoria Rylatt
Issue: 7896 / Categories: Features , Family
printer mail-detail

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

24635
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 physical

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll