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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

mfg Solicitors—Deborah Bufton

mfg Solicitors—Deborah Bufton

Law firm boosts residential property team with new associate appointment

Flint Bishop—Russell Bainbridge

Flint Bishop—Russell Bainbridge

Flint Bishop lands corporate partner from Knights amid Sheffield growth drive

Bird & Bird—Huw Edwards

Bird & Bird—Huw Edwards

Bird Bird appoints expert tech patent litigator as new partner in London

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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