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06 February 2026
Categories: Legal News , Family , Abuse , Child law , Divorce
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NLJ this week: Getting the facts right in family courts

241913
Fact-finding hearings remain a fault line in private family law. Writing in NLJ this week, Victoria Rylatt and Robyn Laye of Anthony Gold Solicitors analyse recent appeals exposing the dangers of rushed or fragmented findings

Courts have been criticised for ‘linear’ reasoning, importing criminal law concepts, or failing to assess allegations holistically—particularly in cases involving domestic abuse. Several judgments underline that Practice Direction 12J must be applied substantively, not as a box-ticking exercise. Allegations cannot be brushed aside as historic or irrelevant without clear reasoning tied to welfare and risk.

One ruling also warned against over-reliance on neurodiversity diagnoses ‘absent direct relevance to welfare’, while another highlighted the misuse of AI-generated authorities.

The message is clear: careful analysis, proportionality and clarity are essential, because flawed fact-finding doesn’t just distort outcomes—it invites appeals and prolongs harm.

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

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