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17 December 2021 / Kim Beatson , Victoria Rylatt
Issue: 7961 / Categories: Features , Family , Child law
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Fact Finding Hearings in private children proceedings (Pt 2)

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Kim Beatson & Victoria Brown return to discuss what happens after a fact finding hearing, Scott Schedules and recent case law
  • Looks at what happens after the hearing, appeals and recent case law.
  • Considers judicial criticism of the limited scope of Scott Schedules.

Within Pt 1 of our article on fact finding hearings, we discussed the definitions of domestic abuse, the burden of proof as well as evidential and practical issues. Within this second part, we will discuss what happens after a fact finding hearing, appeals and recent case law.

Following a fact finding hearing

At the conclusion of a Fact Finding Hearing (FFH) the court must consider, notwithstanding any earlier direction for a section 7 report, whether it is in the best interests of the child for the court to give further directions about the preparation, addendum and scope of any section 7 report, and proceedings may be adjourned to allow this to be dealt with. After any positive findings, the

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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