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

• 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