If a Fact Finding hearing has been ordered by the court in your family law case then you are already in the midst of the confusing UK family law proceedings. The reason the FACT FINDING will be necessary is due to allegations or issues in dispute that have been raised by you or the other party and the court MUST determine these allegations in order to progress the case.
Please remember that the reason the court has to determine the allegations is not the same as a criminal case and it has to be focused on the child; If the allegations are proven against you or the other party and those findings do not affect their ability to parent, safeguard or protect the child involved then this does not mean that an automatic exclusion from the child’s life or the party making the allegations being successful in gaining the Order they are seeking. The court’s primary obligation is to consider the child’s welfare and what is in their best interests. The child is the paramount concern.
Once a fact finding hearing is ordered the person making the allegations, or both parties if there are cross allegations, will have to provide a statement of evidence along with a schedule setting out the dates or duration of the specific allegation or abuse; the nature of the incident or abuse; the effect and what professionals or services were involved in light of the specific allegations. The courts will often direct that the number of allegations will be limited to 6 or 8. The schedule will then be cross referenced with the statements and evidence. This schedule is used as a reference point at the hearing as it clearly sets out the allegation in brief and links it to the paragraphs or specific evidence that has been filed. Both parties may then be ordered to file statements in response. Further directions for police disclosure, social services disclosure, supporting witness statements and medical reports can also be ordered. If you require any of this disclosure to support your case then you should seek a court direction at the directions appointment or apply to the court prior to the fact finding to ensure that it is available to be considered and examined by the court and during cross examination.
PLEASE NOTE the burden of proof in the family courts is not the same as the criminal courts. You will no doubt have watched cases on the TV in criminal courts and heard the judge say to the jury “ you must be sure BEYOND ALL REASONABLE DOUBT.” The burden of proof in the family courts is lower and the allegations must be found “ON THE BALANCE OF PROBABILITIES”. It is also for the person making the allegations to prove them by way of evidence and supporting evidence.
The hearing will take place and both parties or their representatives will do an opening speech setting out the case and what they are trying to prove or disprove. The child or children must remain the focus although obviously if there has been domestic abuse or incidents within the family home or when the children are present then this will of course have impacted upon them even if they have not themselves been directly involved. The court will consider this.
The person making the allegations will give evidence along with any of their witnesses; All of this evidence can be questioned and cross examined. If you are defending yourself in a FACT FINDING hearing you may have been ordered to file cross examination questions to the court in order for the Judge to ask them on your behalf or you may be permitted to ask them yourself. You should fully prepare these questions considering the allegations in turn; the evidence and any inconsistencies in order to bring these out in court and effectively put your case forward through the cross examination. Sometimes a Qualified Legal Representative (QLR) may have been directed to assist you with the cross examination ( see article on QLR’s). If you are preparing for the FACT FINDING on your own then we can help support you and assist you with the preparation of your case.
The party responding to the allegations will then be called to give evidence and be cross examined in the witness box. It is important that throughout your evidence you are calm, honest and open with clear reference to the statements and evidence you have already filed. The Responding party can also call their witnesses to give evidence as long as their statements have already been filed and accepted by the court that they are to be witnesses in the case. This should all have been dealt with at the previous hearing in order to make sure everybody knows who will be giving evidence, they can be fully prepared but also the estimate of time for each witness and how long the Fact Finding hearing will take has been agreed and adequate court time therefore reserved.
Once all the evidence has been heard, both parties will give closing speeches, referring to the evidence that has been heard and again focusing on each specific allegation, as set out in the schedule, in turn.
The Judge or magistrates will then give their judgement on each of the allegations. It may be that they find in favour of some and not others. However the overall judgement and direction will take these findings into account and how the children’s application can now proceed. Further directions will then be given. Perhaps social services or CAFCASS need to prepare a report; perhaps a party needs to complete a domestic abuse course or seek medical support for substance misuse; perhaps a medical report is required. The Fact Finding is not the end of the case, it is a step towards how the court will proceed with the original child arrangements application that was issued, with the findings being available and used by the court and professionals in order to make a final order that is in the best interests of the child.
If you are facing any of this alone. If you are struggling to understand or prepare your case then contact FLPS now. We are here to help support and assist you at every step of the way and make you feel that your voice is being heard. We offer affordable, supportive family law assistance.