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A matter of fact(s): fact-finding hearings in private children proceedings

22 July 2020 / Kim Beatson , Victoria Rylatt
Issue: 7896 / Categories: Features , Family
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Fact-finding hearings in private children proceedings: an overview, by Kim Beatson & Victoria Brown
  • A fact-finding hearing: a court makes findings of fact on issues identified by the parties or the court.
  • Domestic abuse and definitions: encompassing, but not limited to, psychological, physical, sexual, financial, or emotional abuse.
  • The burden of proof: on the party making the allegation.
  • Evidence and practical issues: statutory guidance.
  • Following a FFH: the best interests of a child.
  • Appealing findings of fact: notoriously difficult.

A ‘fact-finding hearing’ (FFH) is the first limb of a split hearing which is a hearing divided in to two parts. In the first half the court makes findings of fact on issues identified by the parties or the court and recorded in a Scott Schedule (precedents available from us if needed). During the second part the court decides the case based on the findings.

Often there will be a clear and stark issue such as sexual or serious physical

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MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

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