What is a fact-finding hearing in Family Law?
Fact-finding hearings can sometimes occur throughout family law matters to allow the Court to consider allegations (and any supporting evidence) made by one or both parties. The Court will listen to the evidence and consider ‘on the balance of probabilities’ whether they believe that the allegations are more likely than not to have happened.
A fact-finding hearing is not always suitable for every matter. The Court will decide if they believe it is necessary to order one on a case-by-case basis. To make this decision, the court will consider if the allegations made have a direct impact on the child(ren)’s welfare, as this is the Court’s paramount concern.
Before a fact-finding hearing
Before the hearing, the parties making allegations will need to complete a schedule of allegations to summarise their allegations. This will be accompanied by a witness statement in support of their schedule. They can also provide any other evidence that they seek to rely on such as messages or photographs. Additionally, if there have been any third-party witnesses to the allegations, the Courts may allow such evidence to be filed in support.
Once the schedule has been sent to the other parties and the court, the other party is ordered to complete a response to these allegations setting out their version and or position of the allegations.
During the fact-finding hearing
At the fact-finding hearing in family law, the parties involved will be asked to present oral evidence in the witness stand. They must take an oath or affirmation to confirm what they say is what they believe to be the truth. The party that gives the evidence will be questioned about the contents of their statement(s) and schedule. This evidence will likely be questioned by the other party. The Judge will listen to all of the evidence and often ask questions of their own to ensure all the allegations have been explored in depth.
If a party is not represented they can appoint a Qualified Legal Representative to direct their questions or they will give their questions to the Judge and decide if it is appropriate to ask the questions put before them.
Giving evidence can be difficult and emotional so ensure that you take time to understand the questions being asked throughout this process. If you do not understand the question being asked, you will not be criticised for asking this to be clarified. Sometimes a simple ‘yes’ or ‘no’ answer is adequate. It is important to only clarify your answer when it is necessary to do so.
It is useful to familiarise yourself with your evidence prior to the hearing and remember why you are giving evidence as your legal representative is unable to guide you while you are presenting your evidence. While you are giving evidence there will be a Court bundle available to you which is referred to throughout the cross-examination process.
What happens after the fact-finding hearing
Once the hearing has concluded, the Judge will make a decision on each of the allegations and give their judgement. This is not always directly after the hearing, sometimes a Judge will take their time to consider all of the evidence provided before they record and hand down their Judgement.
If the Judge finds an allegation to be false, this is because in their judgement, there was not enough evidence on the balance of probabilities to support the allegation and this can not be considered as a factor throughout the remainder of the matter. If the Judge finds an allegation to be true, this means the Judge has found that it is more likely than not true.
At this point, the Judge will also make decisions regarding the progression of the matter.
Preparing for a fact-finding hearing
A fact-finding hearing is a thorough and often complex process that must be approached with the same seriousness that the Courts will demonstrate. Whether you are making the allegations or are the party defending themselves in the hearing, it is vital that you enter the process with sufficient evidence to support your case. You should always seek expert legal advice to ensure that you are suitably prepared and understand the implications of your unique circumstances.
If you require any advice related to a fact-finding hearing in family law, get in touch with the experienced family law & divorce team at GA Solicitors. Our professional team will provide you with the highest levels of service, advising on all matters related to fact-finding hearings, including the preparation of evidence.
You can email me directly at lauren.walker@gasolicitors.com or call the team on 01752 203500.
All content on this website (inclusive of guides, blogs and imagery) is strictly copyrighted by Gill Akaster LLP, trading as GA Solicitors. It is not to be used by any third party without prior contact and permission. Any requests for content should be sent to katy.mckenna@GAsolicitors.com.