A Family Court Fact-Finding Hearing, also known as a Fact-Finding Hearing or simply a "finding of fact" hearing, is a legal proceeding that takes place in family court. It is a crucial part of certain family law cases, particularly those involving disputes or allegations of domestic abuse and coercive control that need to be investigated and determined by the court.
The purpose of a Fact-Finding Hearing is to establish and determine the 'truth' of specific factual issues or allegations in the case. For example, in a child arrangements case, one parent may accuse the other of domestic violence and that parent denies the allegations. The court will need to determine whether the allegations may be relevant to the welfare of any child and child contact and if so, to consider whether a fact-finding is needed to determine the allegations made.
During the Fact-Finding Hearing, both parties present evidence and where required, call witnesses to support their positions. This evidence can include statements, documents, expert reports, and other relevant information. The judge presiding over the case will carefully consider the evidence presented and make findings based on the balance of probabilities, meaning they will decide which version of events is more likely to be true.
It's important to note that a Fact-Finding Hearing is distinct from other types of family court hearings. After the Fact-Finding Hearing, the court may proceed to asking Cafcass to complete a Section 7 Report to provide an expert opinion on the impact of any findings on child arrangements and recommendations on the next steps.
Resources:
Practice Directions 12J
Practice Direction 12J (PD12J) refers to a set of guidelines issued by the Family Division of the UK's High Court. PD12J is part of the Family Procedure Rules, and it deals specifically with issues related to domestic abuse and harm in cases involving child arrangements. The primary purpose of PD12J is to provide guidance to the courts on how to handle cases where domestic abuse is a factor, especially when determining child custody and contact arrangements.
The key points covered in Practice Direction 12J may include:
Identification of Domestic Abuse: It provides guidance on recognizing the different forms of domestic abuse, which may include physical, sexual, emotional, verbal, financial, psychological abuse and coercive control.
Assessing the Impact on Children: The practice direction emphasises the need to assess how domestic abuse affects children involved in family court proceedings. It recognises that witnessing domestic abuse can have a profound and lasting impact on children's emotional and psychological well-being.
Factors to Consider in Child Arrangements: PD12J highlights factors the court should consider when making child arrangements, particularly in cases involving domestic abuse. These considerations aim to prioritise the safety and welfare of the child and any parent or family member who has experienced abuse.
Relevant Information and Evidence: It addresses the types of evidence and information that the court should consider when assessing domestic abuse allegations, including the credibility and relevance of such evidence.
Protective Measures: PD12J suggests the use of protective measures, such as non-molestation orders and occupation orders, to safeguard victims of domestic abuse and their children during the court proceedings.
Child Contact Arrangements: It provides guidance on how the court should approach child contact arrangements when there are allegations or evidence of domestic abuse.
Resources:
Practice Directions 12J
Practice Directions 12 Guidance
Flow Chart
Child Arrangements
First Hearing Dispute Resolution Appointment
Party makes allegations of domestic abuse or harm using the C1a
OR
The party submits a statement, (usually without permission of the court!), making allegations
2) At the First Hearing The court will apply Practice Directions 12J on allegations of harm and
domestic abuse to determine whether a Fact-Finding Hearing is necessary,
relevant and proportionate to determining child arrangements.
3) If the court needs more information, they may require the parent making the allegations to
produce what is known as a SCOTT SCHEDULE of allegations and an evidential statement
and evidence to support the allegations.
4)The parent defending the allegations will be provided with an opportunity to
respond to the allegations with their own statement and evidence.
5)The court will hold a Dispute Resolution Appointment to determine which allegations will
need to be heard at the Fact Finding.
6)Prior to Fact Finding the court may hold a Ground Rules Hearing to determine how evidence will
will be heard and for any Special Measures that may be needed.
7) At the Final Hearing, there will be cross-examinations and Final Submissions before
the court makes a Judgement
One or both parties may be entitled to apply for a Qualified Legal Representative (QLR)
8) Following a Judgement, it is likely that Cafcass will be required to do a Section 7 Report
The court may also set an exceptional hearing to determine any interim contact if appropriate.