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Where the court is satisfied that the allegations , if true, will impact on the welfare of the child, then the court will order a separate hearing to consider the evidence about the allegations. Having considered the evidence the court will make findings in writing. The hearing is known as a fact-finding hearing.
If no findings are made, the courtmust proceed on the basis that the allegations did not happen. If some findings are made, then the court must consider the child arrangements in the light of those findings, and must consider how any risk to the child can be managed.
Fiona specialises in the financial aspects of relationship breakdown, with particular expertise in pensions.
Fact finding hearings will not therefore be ordered in every case, but can be a very useful tool to provide a template for the court in taking into account proven serious allegations which are likely to impact on the welfare of the child.
The court exercise great caution and consider the relevance of allegations to the issue to be determined. If, for example, serious allegations are made against one of the parents, but the incidents occurred before the child was born, or when the child was much younger, then the court is unlikely to investigate those historical allegations, as they will not directly impact on the time that parent will spend with the child.
The decision to direct a fact- finding hearing is a judicial decision, not one for the Cafcass officer or for the parties. However, in considering whether to direct a fact-finding hearing, the court will consider the views of the parties and of Cafcass, It will also consider whether the party facing the allegations has made admissions, which could provide a sufficient basis on which to proceed, or whether there is other available evidence which provides a sufficient basis on which to proceed.
It is for the judge to decide whether there should be a fact finding hearing, but you can put your views to the judge to consider.
The court will only arrange a fact finding hearing if the allegations will make a difference to the court’s final decision. If the other party admits the allegations or they have been found guilty by a criminal court, it will already be clear that the allegations are true.
If the allegations will affect the final decision, then the court should arrange a fact finding hearing. Example: Sally and Ben have separated. They have a daughter. Sally believes Ben has a drug problem and should not be left alone with their daughter.
If one party makes allegations during family law proceedings and the other party denies the allegations, the judge will consider whether there should be a fact finding hearing. This is a special hearing which is arranged just to decide whether or not the allegations are true.
Fact finding hearings can be an important way for the court to decide whether or not allegations are true. However, attending a fact finding hearing can feel quite daunting, especially if you do not have a lawyer. This legal guide will give you information about how to prepare for a fact finding hearing and what to expect.
If the judge decides that there should not be a fact finding hearing then the reason why the judge came to this decision should be included in the order and explained to you at court. If the judge decides that there should be a fact finding hearing then the date of the hearing will be included in a court order.
The judge says a fact finding hearing is not necessary because the parents agree to the children having unsupervised contact with the father and are only arguing over the amount of contact.
Acts such as truancy and running away from home are considered status offenses.
Juveniles do not have the right to confront witnesses at trial.
Acts such as truancy and running away from home are considered status offenses.
Juveniles do not have the right to confront witnesses at trial.