Fact-finding hearings are used in cases where allegations have been made, and in family law they are often necessary in cases involving divorce, domestic abuse, children act and care proceedings.
The fact-finding hearing allows the court to consider the allegations, using the evidence provided by the parties involved. In order to determine whether the allegations are true, the evidence is heard at the fact-finding hearing and the court will decide which incidents did in fact happen. Any findings of fact made at this hearing are then taken into account when considering how the case proceeds.
Before a fact-finding hearing takes place, your solicitor will request you gather all of the evidence required to help support your case in order to prepare a statement. The evidence may take the form of communication between the involved parties, such as text messages or emails, but in some more complex cases, usually those involving children, the evidence may involve detailed medical evidence, police disclosure and social services reports. Witnesses can also be called to give evidence at the hearing.
At the end of the fact-finding hearing, which may last for a few days, the court will make a decision on each allegation raised. This is recorded in a judgement before the hearing concludes. The court will consider whether on the balance of probabilities that the incident did in fact happen. If the court finds evidence is found to be false or that there is a lack of evidence to support an allegation, then the court will make no finding on that allegation or determine in did not happen as alleged.
Solicitors play a valuable role in the fact-finding hearing, offering expertise, representation, and support throughout every stage of the case.
If you need support in any case where allegations have been made against you then please get in touch with the Venters team. The sooner you seek legal representation, the sooner we can support you. Get in touch with our team on 0207 7277 0110 or email info@venters.co.uk.
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