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Court hearing to see if fact finding is needed

3 replies

JoJo2106 · 15/08/2018 23:10

Can anyone tell me what will happen at a hearing to see if a fact finding hearing is needed. It's a 2 hour hearing but just wondering what gets spoke about at this kind of hearing. 2 hours seems a long time just to determine if a fact finding hearing is necessary. Will we be discussing our statements or giving evidence at all at these type of hearings?

OP posts:
Collaborate · 16/08/2018 07:54

FoF hearings serve a particular function, but they also polarise the parties and make future cooperation much less likely.

The judge will want to delve in to the allegations to see whether or not, if proven, the court will reach a different decision over the child arrangements. If it won't make a significant difference, no FoF hearing. If the truth is important enough that CAFCASS can't make any recommendations without findings, there will be a FoF hearing.

JoJo2106 · 16/08/2018 08:07

Will they ask us anything about the allegations at this hearing or will they just look at all the evidence and decide then? Just wanting to prepare for what will happen at this hearing as 2 hours seems a long time.

OP posts:
Collaborate · 16/08/2018 08:40

The judge needs to know what the allegation is, and I assume that is all in your statements and possibly a Scott Schedule as well.

The judge will have to consider why it is that a finding one way or the other will affect the court's order (I presume this is a Children Act application). No evidence will be heard.

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