header-logo header-logo

10 December 2021 / Kim Beatson , Victoria Rylatt
Issue: 7960 / Categories: Features , Family
printer mail-detail

Fact Finding Hearings in private children proceedings

66825
In the first of a two-part series, Kim Beatson & Victoria Brown provide an expert guide to split hearings
  • A cut out and keep guide to Fact Finding Hearings in private children proceedings.
  • The definitions of domestic abuse, the burden of proof as well as evidential and practical issues.

A ‘Fact Finding Hearing’ (FFH) is the first limb of a split hearing, which is a hearing divided into 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. During the second part, the court decides the case based on the findings.

When are they held?

An FFH is not always necessary. Practice Direction 12J of the Family Procedure Rules 2010 (PD 12J) contains detailed guidance on determining whether or not it is necessary to conduct an FFH with respect to allegations of domestic abuse.

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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
back-to-top-scroll