Information about Fact Finding Hearings

[Ash]

The link below is a useful explanation about how fact finding hearings work and what they are. It goes into some detail about what happens and what you need to do.

"Fact-Finding Hearings are essentially a ‘mini-trial’ in the case."

Also a useful piece of case law included in the article

"The recent case of K v K [2022] provided guidance on when to have a fact-finding hearing. This case set down that the allegations needed to have a direct impact on the child’s welfare to necessitate a fact-finding hearing. It was not appropriate to have a fact-finding hearing just because one party had behaved badly or been abusive in a marital relationship/towards their partner.


The Judge only needs to decide on the allegations to the extent that they are relevant to determine issues relating to a child’s future welfare, which is the paramount concern of the court."

I think the caselaw is important - it sets a precedent, so it may be possible to appeal a fact find hearing being ordered if the allegations don't have a direct impact on the child's welfare.

What is a fact-finding hearing? - Family Law Partners

As of April 2022, when No Fault Divorce came into effect, the Courts are set on a more amicable way of sharing costs, rather than having the Court make a decision to be put into a Court Order.

www.familylawpartners.co.uk

 

[Daddy]

It won't take long for the false allegations to be changed to reflect this i.e false allegations that directly impact child's welfare.

 

[Ash]

True.

 

[NewcastleBrownAle]

I wonder how they do all this in other countries, and whether there are lessons to learn or better methods internationally. One of the problems of English law is that it is a patchwork quilt of updates and fixes.. so understanding the process is a bit like turning on a pc that opens to a screen saying ... welcome to Windows 98, updating.... please wait .....