I agree it's better to go straight to a final hearing if you can. That will also clear your name. A fact find can actually go badly wrong - a final hearing is the lynch pin of the case. There is often a lot of "threatening" by lawyers on either side over pushing for a fact find - eg an ex's lawyer might say - if no agreement to xyz then we want a fact find (ie give in to what we want or it goes to a fact find). Your lawyer could do the same - as a kind of confidence bluff and say to them - if you don't back down on x point we want a fact find - to try and intimidate them out of it,
Much better if there is no fact find and you go to final hearing with a full statement (which is your evidence) with your evidence attached, and have the ex cross examined and her statement completely undermined (so yours must be 100% truthful and accurate - and backed up by evidence - so if you say - this happened - attach an email or text proving it happened or was said). Or if you say - Mrs Ex claims I caused an injury to a child but medical records show the child has not seen a Doctor for two years - attach a letter from GP saying they last saw child on x date and no health issues - just had a cold or something).
That is how you get exonerated - by getting a final order. A fact find will make no difference to whether you get lives with or not. In a way a fact find is there as a vehicle for an ex to try and get you out of the process. And a Judge can actually decide that a fact find IS to be the final hearing and if they find against you (on the basis of "probability" - ie believing the ex - then they can say - indirect contact only).
So in my mind a fact find is to be avoided if at all possible - and go to a final hearing where nothing is about probability - it's all about evidence and cross examination and persuading the Judge with case law. And you can win your case. THAT is exoneration.
If you can get a good barrister for a final hearing it will save time and money and a good barrister could give your ex such a hard cross examination she may never want to go to court again, and stick to an order. That sounds harsh - but it is harsh. It's about the only way to get someone to keep to an order. Cross examinations can be very harsh.
Likewise for you if your ex has a barrister - but you're in a better position because a) you've done nothing wrong and are telling the truth b) you're the one who applied for the order. You're in the right. And if it's gone straight to a final hearng it's kind of accepted you're in the right as no fact find was necessary - get the picture there?
But the best advice for cross examination is be prepared to be calm - they will want to make you angry and lose your cool - then they can say - look he's aggressive. So you don't - it;'s hard but you stay calm. Take a moment to pause or take a breath before replying and be prepared to say - I'm not sure what you're asking me can you repeat that please. Gives you time to collect yourself.
