How To Win A Fact-Finding Hearing – Guide

Fact-Finding Hearing for Child Arrangements/Divorce - Your Complete Guide

When dealing with child arrangement or divorce cases in the UK, a fact-finding hearing is often an important stage. This hearing can severely impact the outcome of your case. This is why, it’s essential to understand the whole process, when it's necessary, what to expect, how to prepare, and the possible outcomes. In this guide, we'll cover everything you need to know about fact-finding hearings to help you go through this challenging process.

What is a Fact-Finding Hearing in the UK?

A fact-finding hearing is a court process where the judge investigates allegations made by one party against the other in a child arrangement case. It happens when there are disputes about events that may impact the child’s welfare, such as allegations of domestic abuse, violence, or neglect. The court needs to find out whether these allegations are true before deciding on child arrangements. Without this hearing, the court cannot make a well-informed decision regarding what’s in the child's best interest.

When is a Fact-Finding Hearing Necessary?

Not every child custody case involves a fact-finding hearing. It only becomes necessary when there are serious disputes or allegations between parents that could impact the court's final decision. The hearing is typically ordered if:

• There are accusations of domestic violence or abuse.
• One parent claims that the other poses a risk to the child.
• There are conflicting statements or lack of agreement on important matters.

For example, if one parent claims that the other has a history of violent behaviour, a fact-finding hearing may be necessary to assess how accurate the claim is.

Just keep in mind - that the court only orders a fact-finding hearing if the allegations are relevant to the child's welfare and could influence the outcome of the case.

The Key Steps You’ll Go Through

Fact-finding hearings follow a structured process. If you understand these stages properly, this can help you prepare accordingly to what's coming ahead.

1. Opening Statements
   
   Both parties (or their legal representatives) present an overview of their case. They’ll outline their version of events, why they believe their claims are valid, and what outcome they’re seeking from the hearing.
   
   
2. Evidence Presentation
   
   Each party submits evidence to support their claims. This can include:
   
   • Witness Statements: Statements from individuals who have seen or heard relevant events.
   • Medical Records: For cases involving injury or abuse, medical records may provide crucial evidence.
   • Text Messages/Emails: Any messages showing relevant communication between the parties.
   • Photographs/Videos: Images or videos that demonstrate the allegations, such as injuries or proof of unacceptable behaviour.
     
3. Witness Testimony
   
   Witnesses are called to the stand to provide evidence. These could be family members, friends, neighbours, or even professionals like teachers or doctors. Do not ever instruct your witnesses to lie in order to make your position stronger.
   
   
4. Judge’s Questions
   
   The judge will ask questions to both parties, witnesses, or even their legal representatives to understand the nitty gritty of your case. These questions might include:
   
   • “Can you describe the incident in more detail?”
   • “Were there any other people present when this happened?”
   • “What was your reaction to the event, and how did you respond?”
     
5. Cross-Examination
   
   Each party may be cross-examined by the other side’s representative or the judge. This is your chance to challenge the opposing party’s version of events and provide context for your own evidence. Remember, never give false statements or otherwise, the consequences will be severe.
   
   
6. Judge’s Decision
   
   After considering all the evidence, witness testimonies, and statements, the judge will make a decision based on what they believe is in the child’s best interests.

This is where our role comes in:

Our experienced McKenzie Friends can be by your side throughout this challenging time, so that you stay informed every step of the way. We specialise in helping you gather the strongest evidence to make your case more persuasive and clear up any confusing legal jargon. With our guidance, you’ll know exactly how to present your case confidently for a fair outcome — all at an affordable cost.

What Happens After the Hearing?

Once the hearing is over, the court will decide on each claim, confirming whether it is proven or not. If proven, it becomes part of the case and is considered in the final hearing. If not, the allegation is dismissed.

The judge will announce the decision for each allegation and outline the next steps:

• No Allegations Proven: The court may proceed with a final order since no serious concerns remain.
  
• Some or All Allegations Proven: The judge will carefully assess the proven allegations and their implications. For instance, if domestic violence or abuse is proven, the court will assess how this affects the child's safety. They will also consider the well-being of the parent the child primarily lives with, following Practice Direction 12J.

In some cases, the court may consult Cafcass or another expert, particularly if more evidence is needed. If domestic abuse is found, the court might recommend parenting or abuse prevention courses. Sometimes, the case is adjourned for a future hearing, to give parents enough time to address the findings.

If you're curious about what goes down at a child custody hearing in the UK, just check out our detailed guide here!

What If the Outcome Is Unfavorable?

If the decision isn’t what you hoped for, do not get disheartened. You have options for further review. You can request a reconsideration of the decision or appeal it, but only with solid grounds. In these situations, getting legal advice or consulting a McKenzie Friend is highly recommended. If money is an issue, then considering the latter option may fit you better.

How Long Does The Hearing Take in the UK?

Fact-finding hearings usually last from half a day to several days, depending on the complexity of the case and the amount of evidence presented. For more complicated cases involving multiple allegations or witnesses, it may take longer.

For instance, If both parents accuse each other of domestic abuse and each has multiple witnesses, the hearing could span several days to ensure all evidence is carefully examined.

How To Win a Fact-Finding Hearing?

Winning a hearing doesn’t necessarily mean “defeating” the other party. It’s about demonstrating that your account is credible, truthful, and in the child's best interests. This is the time where you put personal grudges aside, and give your child(ren) priority over your relationship with your ex-partner. Here are some common tips:

1. Understand the Purpose:

• Fact-finding, not judgment: Remember that the hearing's primary goal is to make the decision on facts, not to determine guilt or innocence.
  
• Key evidence: You should gather all relevant documents, photos, or witness statements that you think can support your claims.  

2. Prepare Your Evidence:

• Credibility is key: Make sure your evidence is reliable and can be presented convincingly. Do not try to forge any documents.
  
• Organize your materials: Create a clear and logical presentation of your evidence - so that it is easier for the judge to understand.

3. Practice Your Testimony:

• Confidence is crucial: Rehearse your testimony several times to feel comfortable and confident when speaking. Avoiding eye contact while speaking can raise concerns.
  
• Be concise and clear: Avoid rambling or providing unnecessary details. Over-repeating the same points can imply you're lying.

4. Hire a Qualified Professional:

• Expert guidance: A skilled solicitor can help you go through the legal complexities and represent your interests effectively.
  
• Professional & Affordable help: McKenzie Friends are known to provide valuable insights and strategies to improve your chances of a favorable outcome.

5. Remain Calm and Professional:

• Maintain composure: Even in stressful situations, it's important to remain calm and collected. Any sort of hyperness, can turn the tables against you.
  
• Respect the court: Often understandable but overlooked. Always follow the rules of the courtroom and treat everyone involved with respect.

Example: If accused of neglect, showing regular attendance at your child's medical appointments, school meetings, and other activities can help prove your dedication and involvement.

Why Hire a McKenzie Friend for Your Fact-Finding Hearing?

Court hearings can be daunting, but having a McKenzie Friend by your side can make a huge difference. We offer affordable, one-on-one support, unlike solicitors who charge high fees and often have strict schedules.

Our experienced McKenzie Friends in London, Birmingham, and Manchester work to find effective resolutions, giving you the best chance of success in your custody dispute. With a 98% success rate and a deep understanding of family law, we can guide you through the complexities of the hearing, ensuring you’re well-prepared and confident.

Contact us today at 0121 582 2499 or submit an enquiry form online.