11/19/2023 0 Comments Findings of fact![]() ![]() Ben wants unsupervised contact with his daughter. She says Ben should have supervised contact only. Sally has applied to the Family Court for a child arrangements order to resolve the issue. ![]() Ben is frequently abusive to Sally in front of their daughter. Sally lets Ben come and see their daughter a couple of times a week and she always supervises. Sally believes Ben has a drug problem and should not be left alone with their daughter. ![]() If the allegations will affect the final decision, then the court should arrange a fact finding hearing. The judge says a fact finding hearing is not necessary because the parents agree to the children having unsupervised contact with the father and are only arguing over the amount of contact. Elektra has told the family court that Adam was abusive towards her which Adam denies. Adam has applied to court for a child arrangements order because he wants the children to stay every weekend. Elektra still has concerns about Adam’s temper but she agrees that the children can stay with Adam every other weekend. During their relationship Adam was abusive towards Elektra. The judge says a fact finding hearing is not necessary because the criminal court has already found the allegation to be true.Įven if the other party denies the allegations, the judge may still decide that a fact finding hearing is not necessary to determine the application before the court.Īdam and Elektra have two children together. Ollie denies that he was violent towards Rose. Rose has told the family court that Ollie was violent towards her. Ollie has now applied for a child arrangements order. Rose reported the violence to the police and after criminal proceedings he was found guilty of assault. In these circumstances the judge will probably decide there is no need for a fact finding hearing. If the other party admits the allegations or they have been found guilty by a criminal court, it will already be clear that the allegations are true. The court will only arrange a fact finding hearing if the allegations will make a difference to the court’s final decision. This is a special hearing which is arranged just to decide whether or not the allegations are true.įact finding hearings are most common during children law cases, but can also happen during other family law proceedings such as for domestic violence injunctions, divorce or financial remedies. If one party makes allegations during family law proceedings and the other party denies the allegations, the judge will consider whether there should be a fact finding hearing. In family law proceedings the most common allegations that people make is that the other party has behaved in a way that was abusive, dishonest or harmful. You can access our full range of legal guides at What is an allegation?Īn allegation is when you say that someone has done something illegal or wrong. Rights of Women publishes a number of other legal guides that may be useful including Family Court proceedings: where can I get advice and support? and A guide to preparing for court hearings and safety in the Family Court. This legal guide will give you information about how to prepare for a fact finding hearing and what to expect. However, attending a fact finding hearing can feel quite daunting, especially if you do not have a lawyer. What will happen at the fact finding hearing?įact finding hearings can be an important way for the court to decide whether or not allegations are true. How to complete a schedule of allegations/Scott schedule How to prepare for a fact finding hearing When will a court arrange a fact finding hearing? Click here to download the PDF A guide to fact finding hearings ![]()
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