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Fact Finding Hearings in private children proceedings (Pt 2)

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17 December 2021 / Kim Beatson , Victoria Rylatt
Issue: 7961 / Categories: Features , Family , Child law
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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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