Fact-finding hearings in private children proceedings: an overview, by Kim Beatson & Victoria Brown
- A fact-finding hearing: a court makes findings of fact on issues identified by the parties or the court.
- Domestic abuse and definitions: encompassing, but not limited to, psychological, physical, sexual, financial, or emotional abuse.
- The burden of proof: on the party making the allegation.
- Evidence and practical issues: statutory guidance.
- Following a FFH: the best interests of a child.
- Appealing findings of fact: notoriously difficult.
A ‘fact-finding hearing’ (FFH) is the first limb of a split hearing which is a hearing divided in to two parts. In the first half the court makes findings of fact on issues identified by the parties or the court and recorded in a Scott Schedule (precedents available from us if needed). During the second part the court decides the case based on the findings.
Often there will be a clear and stark issue such as sexual or serious physical abuse or serious mental abuse such as controlling or coercive
