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06 February 2026 / Victoria Rylatt , Robyn Laye
Issue: 8148 / Categories: Features , Family , Child law , Abuse , Divorce
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Determining the facts in family disputes

241913
Victoria Rylatt & Robyn Laye report on recent issues that have arisen in fact-finding hearings
  • This article examines issues that have arisen recently in fact-finding hearings in private law proceedings.
  • It highlights how courts address disputed allegations of domestic abuse, and the procedural and evidential challenges involved.

In fact-finding hearings, there is a need for structured analysis, clear reasoning and evidence-based decision-making to safeguard children’s welfare while ensuring fairness and maintaining the integrity of the proceedings, as shown in the following recent cases.

X v Y

In X v Y [2025] EWFC 291 (B), the mother had made allegations of domestic abuse against the father. The court ordered the parties to file statements addressing the allegations so that it could determine whether a fact-finding hearing was necessary. The court at an earlier hearing recorded that ‘a fact-finding hearing may not be needed because the allegations of abuse are unclear and may be largely historic and have not prevented contact taking place previously’.

The

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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
The legal profession’s claim to be a ‘guardian of fairness’ is under scrutiny after stark findings on gender imbalance and opaque progression. Writing in NLJ this week, Joshua Purser of No5 Barristers’ Chambers and Govindi Deerasinghe of Global 50/50 warn that leadership remains dominated by a narrow elite, with men holding 71% of top court roles
A legal challenge to police disclosure rules has failed, reinforcing a push for transparency in policing. In NLJ this week, Neil Parpworth examines a case where the Metropolitan Police required officers to declare membership of groups like the Freemasons
Bereavement leave is undergoing a quiet but profound transformation. Writing in NLJ this week, Robert Hargreaves of York St John University explains how the Employment Rights Act 2025 introduces a day-one right to leave for a wider range of losses, alongside new provisions for pregnancy loss and bereaved partners
Courts are beginning to grapple with whether AI-generated material is legally privileged—and the answers are mixed. In this week's issue of NLJ, Stacie Bourton, Tom Whittaker & Beata Kolodziej of Burges Salmon examine US rulings showing how easily privilege can be lost
New guidance seeks to bring order to the growing use of artificial intelligence (AI) in expert evidence. Writing in NLJ this week, Minesh Tanna and David Bridge of Simmons & Simmons set out a framework stressing ‘transparency’, ‘explainability’ and ‘reliability’
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