Introduced in 2017 to give further guidance to the courts, Practice Direction 12J says: “The purpose of this Practice Direction is to set out what the Family Court should do in any case in which it is alleged or admitted, or there is other reason to believe, that the child or a party has experienced domestic violence or abuse perpetrated by another party or that there is a risk of such violence or abuse.”
In cases concerning arrangements for children, it is very common for factual disputes between the parties to arise. The court must be very careful to assess allegations, which, if true, would impact on the welfare of the child or children concerned. Where the court is satisfied that the allegations, if true, will impact on the welfare of the child, it will order a separate ‘fact finding’ hearing to consider the evidence about the allegations if it is thought to be necessary and proportionate. There is the potential for earlier enhanced CAFCASS involvement to determine whether it is necessary.
Examples where a fact finding hearing may be necessary might be, but are not limited to, allegations made about:
The decision to direct a fact finding hearing is a judicial decision. However, in considering whether to direct a fact finding hearing, the court will consider the views of the parties and of CAFCASS.
Although a fact finding hearing may delay the case, and mean that additional time is spent at court (in some cases many additional days with significant legal cost to one or both parties), the principle is that early resolution of whether allegations are found to be true by the court enables the substantive hearing to proceed more quickly, and enables the court to focus on the child’s welfare with greater clarity.