header-logo header-logo

06 February 2026
Categories: Legal News , Family , Abuse , Child law , Divorce
printer mail-detail

NLJ this week: Getting the facts right in family courts

241913
Fact-finding hearings remain a fault line in private family law. Writing in NLJ this week, Victoria Rylatt and Robyn Laye of Anthony Gold Solicitors analyse recent appeals exposing the dangers of rushed or fragmented findings

Courts have been criticised for ‘linear’ reasoning, importing criminal law concepts, or failing to assess allegations holistically—particularly in cases involving domestic abuse. Several judgments underline that Practice Direction 12J must be applied substantively, not as a box-ticking exercise. Allegations cannot be brushed aside as historic or irrelevant without clear reasoning tied to welfare and risk.

One ruling also warned against over-reliance on neurodiversity diagnoses ‘absent direct relevance to welfare’, while another highlighted the misuse of AI-generated authorities.

The message is clear: careful analysis, proportionality and clarity are essential, because flawed fact-finding doesn’t just distort outcomes—it invites appeals and prolongs harm.

MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll