By Michael Thompson, Founder of Falsely Accused Network
As someone who has supported countless men through the family court system, I cannot emphasize strongly enough: if you're facing allegations in family court, you must do everything in your power to avoid a fact-finding hearing.
I've watched too many good fathers walk into fact-finding hearings confident in their innocence, only to have their lives shattered by findings made on the lowest burden of proof our legal system knows - the balance of probabilities. Unlike criminal courts where allegations must be proven "beyond reasonable doubt," in fact-finding hearings, a judge only needs to be 51% sure something happened.
Let me be crystal clear: once findings are made against you, they are practically set in stone. These findings will follow you through every future hearing about your children. They will be cited as gospel truth in every welfare report. They will severely restrict your ability to be a father to your children.
The brutal reality is that many men enter these hearings without understanding the stakes. They think, "I'm innocent, so I'll be fine." But fact-finding hearings aren't like criminal trials. The rules of evidence are more relaxed. Hearsay can be admitted. Your accuser's word alone can be enough for a finding against you.
Through my work at Falsely Accused Network, I've seen the devastating aftermath of fact-finding hearings repeatedly. Men who once had regular contact with their children reduced to supervised visits in contact centres. Fathers forced to attend "perpetrator programs" based on findings they vehemently deny. Careers damaged when findings become known to employers.
The solution? Avoid fact-finding hearings at almost any cost. Consider:
- Making appropriate concessions about past behaviour without admitting serious allegations
- Offering undertakings (legally binding promises) about future conduct
- Focusing discussions on future arrangements rather than past events
- Engaging in mediation early
- Seeking professional legal advice immediately when allegations are made
Remember: your goal should be maintaining a meaningful relationship with your children. Sometimes, that means making strategic decisions about which battles to fight. A fact-finding hearing is rarely a battle worth choosing.
If you're facing allegations in family court, reach out to support networks early. Get proper legal advice from solicitors experienced in defending allegations. But above all, think very carefully before agreeing to a fact-finding hearing. Your future relationship with your children may depend on it.
The courts increasingly recognize that children benefit from having both parents in their lives. Don't let a fact-finding hearing destroy that possibility for your family.
If you've been falsely accused of domestic abuse then visit www.falaelyaccusednetwork.co.uk or email support@falselyaccusednetwork.co.uk to arrange a free and confidential call.
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