Engaging in family court proceedings can be a daunting prospect, especially if there are allegations of domestic abuse or substance misuse involved. Should you find yourself in this position, you may be told that a ‘fact-finding hearing’ should be considered. You might be wondering what this means and whether it applies to you. In this article, we will explore what fact-finding hearings are, when they are used, and how we can support you through them.
What is a fact-finding hearing?
A fact-finding hearing is used where the court finds there is a need to establish important facts within a case. In other words, if two parties disagree over whether, or to what extent, an event occurred, a fact-finding hearing allows the court to make a decision on what the truth is. The result of the hearing may then be applied to the overriding issue.
Fact-finding hearings are most commonly used in the context of proceedings relating to children where one party alleges serious misconduct including, but not limited to, the following:
- Domestic abuse
- Substance abuse
- Repeated instances of non-compliance with prior orders
To be applicable, the outcome of the fact-finding exercise must in some way have an impact on the outcome of the case as a whole. This could be, for example, if one party alleges that the other is unfit to take care of a child due to their substance addiction – whether the accused is in fact addicted to substances will therefore have an impact on whether they will be able to have access to the child. In this situation a fact-finding hearing would be needed to establish the verity of the allegation.
What factors will the court consider when deciding whether to order a fact-finding hearing?
The court will consider certain factors when deciding whether a fact-finding hearing is appropriate. These factors include:
- the interests of the child
- the cost of public funds
- the length of time that would be needed to investigate the claim(s)
- the necessity of the investigation
- the importance of the outcome of the hearing on the current and future cases, such as identifying those who abuse children
- the impact it will have on third parties such as the Local Authority
- the ‘justice’ of the case, including the seriousness of the allegation and the interference of any criminal proceedings regarding the same allegation
It is important to note that a fact-finding hearing will not be applicable where the allegation in question has been wholly admitted, or where the perpetrator has been found guilty of the offence in criminal proceedings.
What happens after a fact-finding hearing?
Following a fact-finding hearing there are one of two things that could happen:
- The allegations are proven. If enough evidence is found to support one side’s recollection of events, these findings become the factual basis for the rest of the case
- The allegations are not proven. If no sufficient evidence is found the allegations are treated as not proven and the claims are simply dismissed. The case resumes without those allegations affecting the outcome.
What to do if a fact-finding hearing has been ordered
Should the court order that a fact-finding hearing ought to be held and you do not already have legal representation, it is recommended that you seek legal advice as soon as possible. Here at Herrington Carmichael, our experts are well-versed in collating the evidence needed to support our clients through the process of the fact-finding hearing and beyond. From acquiring the evidence early, to keenly drafting the relevant documents ready for the hearing, our family team are here to help.
Please contact us to speak to one of our experts.
