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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

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

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
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