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

Constantine Law—Anita Vadgama

Constantine Law—Anita Vadgama

New senior partner hire at consultant-led employment / regulatory law firm

Ward Hadaway—Emma Swann & Jill Donabie

Ward Hadaway—Emma Swann & Jill Donabie

Firm adds two partners to growing education practice

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

Trio of newly qualified solicitors strengthens Worcester office law firm

NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
back-to-top-scroll