Family court fact finding hearing1/20/2024 ![]() With the court’s permission witnesses can also give evidence. Both parties are asked to create written statements based on evidence demonstrating what they wish the court to say. They need to respond to each allegation and set an account of the incident or state the allegation is denied. The person who the allegations are against will be asked to respond within a specific timeframe. The judge considers the allegations made by each party and decides from the evidence presented if the allegations are true. The person making the allegations has to prove they are true. This procedure is not used in all cases but they are fairly common in cases where allegations of domestic abuse have been made, such as neglect, emotional/physical harm, and violence. The court then decides whether alleged incidents happened or not. Evidence is heard and parties are cross-examined. The Fact-Finding hearing is a court hearing that deliberates the evidence around allegations. If a solution is still not found, a final hearing will be scheduled by the judge where the court will decide and issue the appropriate order detailing the arrangements that need to be made. ![]() This subsequent hearing also attempts to resolve any ongoing issues and will examine all new or additional information, such as a report from the CAFCASS officer. If an agreement is settled, a court order will set out the details, when matters are not settled, further hearings are needed. The court might order contact straightaway subject to a final order at a further hearing (following investigations and evidence submitted and heard). This doesn’t indicate that the court has come to a final decision. If the case relates to contact, residence, and/or serious allegations the judge may not permit contact until matters are examined in further detail. The Safeguarding Letter includes background checks on the parties, who the parents are, and who the children live with. Before the hearing CAFCASS prepares a Safeguarding Letter’ which is shared to both parties (unless it causes either party or the children to be at risk or contains sensitive information which the other party is unaware of). The judge (or magistrates) and the CAFCASS Officer assist the parties to reach an agreement. The statement is also used for giving a brief plan of what you wish to happen at the hearing. It gives the court an outline of your position ahead of the hearing and can be helpful to bring a case to an early conclusion when the other party agrees to it. You can specify your case in a Position Statement, this document is useful but not obligatory unless it has been ordered by the court. What is a FHDRA hearing?įirst Hearing and Dispute Resolution Appointment (FHDRA) is the first court hearing which allows you to present your case and is intended to solve any early disputes.Īccompanied by the judge and your legal representative, a CAFCASS (Children and Family Court Advisory and Support Service) officer may attend to give recommendations to the court. ![]() The family court will make the decision based on the interests of all parties, but priority is given to the interests of the children involved. However, when a resolution can’t be found then court proceedings will be initiated through the family courts. When you can’t agree on how children will be brought up, every effort will be made to settle out of court through alternative forms of dispute resolution such as mediation. In England, the Family Courts make decisions about children if you have been unable to reach agreement on what these arrangements should be. You may have to attend the family court when you are involved in a family law case resulting from a relationship breakdown. Will I need to attend family courts hearings for a child arrangements order? We handle all our cases with empathy and will work closely with you to ensure you have the practical solutions you need.Ĭontact us today – our professional team will discuss your inquiry with care and understanding. We provide clear and straightforward advice and will support you throughout your case. Why choose Clifford Johnston?Ĭlifford Johnston is a team of highly knowledgeable and experienced family law solicitors. Clifford Johnston has a team of sympathetic family law solicitors who will help find the best solution for everyone involved, and offer the support and assurance you need. FHDRA, DRA and Family Court Fact Finding Hearings Manchester & StockportįHDRA Hearings Solicitors are crucial to ensure the best outcome for your family court proceedings, from First Hearing and Dispute Resolution Appointments (FHDRA) to Final Hearings.įacing court proceedings can be daunting especially when they involve your family.
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