![]() ![]() Findings of fact, whether based on oral or documentary evidence, shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge the credibility of the witnesses. Requests for findings are not necessary for purposes of review. For more information, please contact us on 01 or email for a free, initial discussion.In all actions tried upon the facts without a jury or with an advisory jury, the court shall find the facts specially and state separately its conclusions of law thereon and direct the entry of the appropriate judgment and in granting or refusing interlocutory injunctions the court shall similarly set forth the findings of fact and conclusions of law which constitute the grounds for its action. Emsleys' Family Law team does not have a contract with the Legal Aid Agency and cannot offer legal aid. These are complex legal proceedings and it is important that you receive the right legal advice. The fundamental question for the Judge is what difference, if any, it will make to how much time the children are to spend with each parent and in what circumstances, if the Judge makes a decision that one parent has suffered from domestic violence.įor examples of finding of fact hearings and allegations of domestic abuse and violence, read case study one and case study two. For these reasons, if they can be avoided, the Practice Direction states that they should be. These proceedings can be expensive in terms of legal fees, can involve several court hearings and can take several months. The Judge will then make a final decision about what should happen. ![]() ![]() This may involve some expert evidence, for example from a psychologist. CAFCASS (Children and Court Advisory Support Service) are then often asked to prepare a report recommending to the Court what arrangements should be made for the children, taking into account who the Judge believes after the finding of fact hearing. The Judge then makes a decision about each allegation made and if, on the balance of probabilities, they believe what one parent says, or what the other parent says.Īt this stage, the Judge has decided who they feel is telling the truth. Mother was assaulted by Father and police called (reference to any evidence)Īssault denied (reference to any evidence)Ī finding of fact hearing then takes place: the Judge asks for all written evidence to be sent to the Court beforehand in a bundle and for each parent and any witnesses to give evidence and be cross examined. These directions/orders may include, for example, that police records be made available and that the parent making the allegations prepares a Scott Schedule – this is a schedule set out in a table form giving a summary of each separate allegation, for example: The Judge directs that certain things should be done to prepare for the finding of fact hearing. If one of the parents claims that either they, or their children, have suffered from domestic violence or abuse during the relationship, a Judge may decide that there should be a finding of fact hearing.īefore a finding of fact hearing, a Judge will make some procedural orders called ‘directions’. Within proceedings about children, a Judge will consider each parent’s view. If a couple separate and cannot agree on who their children are to live with and how much time they are to spend with each parent, an application to the Court can be made for a Child Arrangements Order. However, what is a finding of fact hearing? What is a finding of fact hearing? Monday, 16 October 2017Ī new Practice Direction has come into effect once again giving guidance as to when finding of fact hearings should take place. ![]()
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