What Is A Fact Finding Hearing?
In her latest Timms blog, Family Law Paralegal, Leah Pilling discusses “What Is A Fact Finding Hearing?”
What Is A Fact Finding Hearing?
A Fact Finding Hearing is a type of hearing where the Court will decide whether an allegation is true or not.
If one party makes allegations during family law proceedings and the other party denies the allegations, then the judge will consider whether there should be a Fact Finding hearing. This is a special hearing to decide whether an alleged incident took place or not.
If an allegation is found by the Court to have happened then it will be the basis of the case as a proved fact, if it is not found on the evidence as having happened then it will be dismissed and not considered further.
When Will A Fact Finding Hearing Take Place?
Fact Finding hearings are most common in children law cases, due to the need for clarity on any evidential findings of the court. Where allegations of harm are made, the court may need to decide whether these are true and have taken place in order to ensure the child is not placed at further harm.
Fact Finding hearings can also happen during other family law proceedings, such as for domestic abuse injunctions, financial matters and divorce matters. Although very rarely in financial matters and divorce matters.
The Court will only consider a Fact Finding hearing if it is satisfied that such a hearing is required to determine the issues in the case and that the outcome will make a difference to the Court’s final decision. There will be no need for a Fact Finding hearing to take place if the person admits to the allegations, or if they have been found guilty by a criminal Court.
What Is The Standard Proof In A Fact Finding Hearing?
The standard of proof in family cases is the balance of probabilities. This means that the Court will determine if it is more likely than not that the alleged incident took place. This is different from criminal cases, where the standard required of the prosecution is that they prove the facts “beyond reasonable doubt”.
The burden of proof will be on the person making the allegations. For example, the burden of proof will lie with the local authority if they are bringing the case to Court. The case they are bringing must then be proved on the balance of probabilities, as set out above.
What Evidence Will The Court Consider?
The Court will consider different types of evidence such as witness statements, oral evidence (by examination in chief and cross examination) and any police and medical records. Also, if appropriate, copies of text messages, emails and photographs can all be presented as evidence for the purposes of a Fact Finding hearing.
What Happens After A Fact Finding Hearing?
Once all the evidence has been presented, and all the witnesses have been examined, the Court will decide whether each allegation has been proved as ‘fact.’ If an allegation is not proved then this will be dismissed, meaning it will not be considered further in the proceedings. If an allegation has been proved then this will become a fact in the case and will be taken into account by the Judge when making decisions about the case.
The Judge may make final decisions about the case as a whole at the end of the Fact Finding hearing, or they may list a further hearing, most commonly an issues resolution hearing or a final hearing to make final decisions about the case.
How Can We Help?
We are experts in dealing with Fact Finding hearings. If you are involved in a case which includes issues raised in this blog, please don’t hesitate to get in touch. You can contact me via email at l.pilling@timms-law.com, or via phone on 01332 364436. Alternatively, you can visit the family page of our website here.
March 2022