If you are involved in an application to the Court in respect of your children, you may be faced with the Court listing the matter for what is known as a Fact Finding Hearing.
This is a type of Court Hearing in which evidence surrounding allegations is considered and the Court decides whether or not alleged incidents occurred.
During the Hearing, evidence is heard, which usually includes a cross-examination of the parties. After the Hearing, the Judge will decide whether or not the alleged incidents occurred.
Most commonly, these allegations concern domestic abuse. Domestic abuse includes neglect, emotional and physical harm and violence and a Finding of Fact can assist the Court in deciding how future arrangements in respect of the children should be dealt with.
When making a decision, the Judge must take into account the allegations made by each party. It is up to the person making the allegation to prove their case. The Judge will decide whether the allegations are true or false based upon the balance of probabilities. In other words the Judge will consider whether the allegations are more likely than not to be true.
When preparing for a Finding of Fact Hearing the person making the allegations will be asked to send a list of the allegations to the Court. The list will consist of an itemised list setting out in date order the details of what happened and where including the date and time of the incident. In addition, details of any witnesses to the incident and involvement of any other parties such as the Police or medical services should be included.
The person against whom the allegations are made will then be asked to respond to the allegations setting out their account of the incident or stating that the allegation is denied.
You may both be asked to make a written statement based on your evidence setting out what you wish to say to the Court.
A Finding of Fact Hearing can be complicated. It is important that the documents are prepared fully and the correct evidence is attached. If you find yourselves facing the possibility of such a hearing, we are able to provide expert assistance. Please do not hesitate to contact our office on 01257 228027 or email at info@rjtsolicitors.co.uk for specialist legal advice.
