A fact-finding hearing is a special type of hearing that considers any allegations that are made against a party. The court will consider all evidence that is presented and will decide whether the allegation is true, and to what extent the allegation could disrupt the welfare of the child . A fact-finding hearing is usually relevant if there are allegations of physical or sexual abuse. A fact-finding hearing will delay the process of a child arrangements order being made and is required if it is necessary to resolve the welfare issues.
Following the recent case of Re H-N (K v K) [2022] four considerations were mentioned as being relevant to a consider in a court’s decision as to whether a fact-finding hearing is necessary in any case.
- The type of allegations, and to what extent these allegations will be necessary when making the order.
- To allow an assessment of any likely risk of abuse the child may encounter, and the impact on the child if they were to encounter any abuse.
- Will other evidence suffice
- Whether fact finding is proportionate.
If the issues presented to the courts are related to the parents’ relationship, courts will not usually decide to order a solution unless it impacts the welfare of the child. This is no surprise as the welfare of a child is a paramount factor that courts will consider when deciding what is best for the child.
The court in the case of Re H-N (K v K) also expressed the importance of attending a mediation information and assessment meeting (MIAM) before applying to court. If any party is to argue that they are exempt this will be investigated and if the court believes the exemption to not apply, they must enforce the statutory requirement to attend.
If you have any questions relating to private child arrangements, please contact us to arrange a 30-minute free consultation with one of our solicitors.