Fact Finding in Children’s Cases
During proceedings involving children, if one party accuses the other party of harm and they deny such allegations, it leads to fact-finding hearings. A fact-finding hearing is held before the final hearing to determine whether or not the allegations made by one party are true and to resolve disputed issues.
Fact-finding hearings are not always relevant unless the judge feels the need to address issues prior to the final hearing. A fact-finding hearing is also needed when it is recommended by a CAFCASS officer.
In child arrangement matters, the welfare of the child is the paramount consideration in deciding child custody and contact disputes. If one parent accuses the other parent of harming the child, the judge may feel the need to step in to determine whether the alleged incidents took place or not.
Events Leading to Fact Finding Hearings
It is common for parents to make allegations against each other in childcare proceedings. A party making a number of allegations has to submit a written statement explaining the allegations, key information, and witness details.
In the case of serious allegations concerning a child’s welfare, the court may order an expert assessment or appoint a CAFCASS officer to prepare a detailed report. These experts will share their findings with the court and give recommendations taking into account the child’s best interests.
The accused party also has to submit a statement denying allegations together with relevant evidence. The parent making the allegations and the person who has been subjected to the allegations both have to submit evidence along with the statements. This evidence will be cross-examined to determine whether the allegations made are true.
Fact Finding Hearings
The judge will consider the evidence and statements submitted by both parties regarding the allegations. If the allegations are proven to be true, it will be used in the final hearing when deciding on the outcome of the custody and care disputes.
If the allegations are false, the matter will be dismissed and would not be considered or have any effect on the final hearing.
Preparation For Fact Finding Hearings
It is best to seek sound legal advice early to have better chances of succeeding in fact-finding hearings and custody disputes. If the judge has decided to arrange a fact-finding hearing, it is best to begin with preparing a statement. The statement should explain the history, incidents, allegations, and other key information.
It would then be important to gather all relevant evidence like a medical report, criminal record, and other documents before fact-finding hearings. If there are witnesses involved, the parent should get permission from the court to submit witness statements for them, or for them to attend the fact-finding hearing for cross-examination.
Disclaimer:
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss that may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.
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