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Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

Fact finding hearing - Family Court

6 replies

Pebbledashery · 05/11/2020 19:11

Hi all -
Can anyone advise me on what to expect at a fact finding hearing during children's proceedings? Cafcass have not recommended any form of indirect contact because of multiple high safeguarding risks with DD father... they are ordering a fact finding hearing after the FHDRA...
Can anyone advise me on what to expect?.......

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Twinkle1989 · 05/11/2020 19:15

It's what it says on the tin - they will seek to prove a schedule of facts and whether they occurred - on the balance of probabilities - they can be quite lengthy hearings - some over many days and even weeks depending on the facts sought.
Once the Court has handed down judgement, it will be considered as Fact for the rest of proceedings

NoCureForLove · 05/11/2020 19:43

Exactly. It establishes the facts that are in dispute - as true or not - in order to then be able to go on to consider what if any contact etc is in the best interests of the children - for instance whether there was domestic violence - whether there was sexual abuse etc. depending on what is alleged and in issue.

Pebbledashery · 05/11/2020 19:48

It's proven allegations of domestic violence. Physical abuse, mental and psychological. Also abuse of our child... Cafcass officer said to me today that they won't be endorsing interim contact during proceedings because of too many safeguarding risks..

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Twinkle1989 · 05/11/2020 20:08

CAFCASS carry a massive weight... whilst they don't make the decisions, they are an advisor to the Court and in my experience, the Court more often than not, agrees with them.

Pebbledashery · 05/11/2020 20:21

Is the fact that there is no interim contact ordered (not even indirect contact) a good sign that its going to steer the way of possibly him having to overcome leaps and bounds to get contact? CAFCASS officer reeled off his extensive police history that I have NO idea about - I was shocked.. includes brandishing a knife onto someone... genuinely rocked to the core... she said in these situations he would more than likely be told to do a DVPP and she will make a recommendation for psychological evaluation also... I am just dubious about psychological testing, could he not just cheat his way through it?......

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Pebbledashery · 05/11/2020 20:22

She did also say that DD is so young (she's only 2) it wouldn't be right of the court to place a child who has clearly been vulnerable and abused around him as it could bring on triggers...

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