Navigating Fact Finding Hearings in UK Family Courts
When dealing with complex family law matters, family lawyers may need to guide their clients through Fact Finding Hearings. These hearings are crucial in cases where there are disputed allegations that could significantly impact the outcome of the proceedings. In this blog post, we’ll explore the role of Fact Finding Hearings in UK family courts and how family law solicitors can help their clients navigate this process.
What are Fact Finding Hearings?
Fact Finding Hearings, also known as Finding of Fact Hearings, are court proceedings designed to establish the truth behind disputed allegations in family law cases. These hearings are typically held in cases involving domestic violence, child abuse, or other serious allegations that could influence the court’s decision on matters such as child arrangement orders or specific issue orders.
During a Fact Finding Hearing, the court will hear evidence from both parties and any relevant witnesses. The judge will then make findings based on the evidence presented, determining which allegations are proven and which are not. These findings will be used to inform future decisions in the case.
The Role of Family Lawyers in Fact Finding Hearings
Family court lawyers play a crucial role in preparing their clients for Fact Finding Hearings. They will work with their clients to gather evidence, identify witnesses, and build a strong case to present to the court. This may involve obtaining witness statements, medical reports, police records, and other relevant documentation.
In addition to evidence gathering, family lawyers will also provide their clients with legal advice and representation throughout the hearing. They will cross-examine witnesses, present legal arguments, and work to ensure that their client’s voice is heard in the courtroom.
The Importance of Fact Finding Hearings
Fact Finding Hearings are essential in cases where there are disputed allegations, as they help the court to establish a clear picture of the facts before making any decisions. This is particularly important in cases involving children, where the court must prioritize the child’s best interests and welfare.
Section 1(3) of the Children Act 1989 states:
In the circumstances mentioned in subsection (4), a court shall have regard in particular to—
(a)the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding);
(b)his physical, emotional and educational needs;
(c)the likely effect on him of any change in his circumstances;
(d)his age, sex, background and any characteristics of his which the court considers relevant;
(e)any harm which he has suffered or is at risk of suffering;
(f)how capable each of his parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs;
(g)the range of powers available to the court under this Act in the proceedings in question.
By establishing the facts through a Fact Finding Hearing, the court can make informed decisions that prioritize the child’s welfare and protect them from harm.
Seeking Legal Advice
If you are involved in a family law case that may require a Fact Finding Hearing, it is essential to seek legal advice from an experienced family law solicitor. They can guide you through the process, help you prepare for the hearing, and provide the legal representation you need to ensure your voice is heard in the courtroom.
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No solicitor-client relationship is created by this article. The author and owner shall not be liable for your reliance on the information contained in this article. Readers should obtain their own independent legal advice.