Fact-finding hearings are a critical component in family law. These hearings play a pivotal role in determining the factual basis of a dispute, ensuring that subsequent decisions are built on a clear and accurate understanding of what happened. But what exactly are they, and why are they so important?

What is a fact-finding hearing?

A fact-finding hearing is a court proceeding where the judge examines the evidence presented by both parties to resolve disputes about specific allegations of fact. The focus is on uncovering the truth rather than reaching a final resolution on the case.

These hearings are particularly common in cases involving allegations of abuse or domestic violence, where the court must establish whether such events occurred before making decisions about child custody, or protective measures.

Why are fact-finding hearings necessary?

In family law, the welfare of children is paramount. Courts are often tasked with making decisions that will profoundly affect the lives of children and their families. To ensure that these decisions are just and informed, the court must base them on a clear understanding of the facts.

For example, if one parent alleges that the other has been abusive, the court cannot decide on custody arrangements until it determines whether the abuse occurred. A fact-finding hearing provides a structured process to assess the evidence and establish the truth.

The process of a fact-finding hearing

Preparation


Before the hearing, both parties must disclose evidence to support their claims. This can include witness statements, medical records, police reports, or any other documentation relevant to the allegations.

The hearing Iitself

  • Evidence presentation: Both parties present their evidence and may call witnesses to testify.
  • Cross-examination: Each party has the opportunity to challenge the other’s evidence through cross-examination.
  • Judicial examination: The judge may ask questions to clarify evidence or seek further information.

After reviewing all the evidence, the judge will deliver a judgment on the disputed facts. This judgment is crucial as it influences the court’s approach to the remaining issues in the case.

Key considerations in fact-finding hearings

  • Standard of proof: Unlike criminal cases, which require proof “beyond a reasonable doubt,” fact-finding hearings use the “balance of probabilities” standard. This means the judge decides whether it is more likely than not that the alleged events occurred.
  • Impartiality and fairness: The court ensures that both parties have an equal opportunity to present their case, promoting a fair and just process.
  • Impact on final judgments: The findings from these hearings heavily influence final decisions on custody, contact, making their outcomes critical.

Challenges and criticism

While fact-finding hearings are essential, they are not without challenges, such as:

  • Emotional toll: These hearings can be emotionally draining for those involved, particularly in cases of alleged abuse.
  • Resource intensity: They require significant time and resources from both the court and the parties.
  • Potential for bias: Concerns about unconscious bias or uneven representation may arise, particularly if one party lacks access to legal advice or support.

Fact-finding hearings are a cornerstone of the court’s commitment to justice, ensuring that decisions are grounded in reality and fairness. While they can be demanding and complex, they are indispensable for resolving disputes where the truth is contested.

If you need any assistance in respect of an upcoming Fact-Finding hearing, or you require further advice regarding contact issues you may be having, please do not hesitate to contact our friendly and professional Family Team on 01245 228116 or by email at familyenq@gepp.co.uk.