Fact-finding Hearings In Private Children Proceedings: An Overview

In a recent article in New Law Journal Kim Beatson and Victoria Brown provide an overview on Fact-finding hearings in private children proceedings.

A 'fact-finding hearing' (FFH) is the first limb of a split hearing which is a hearing divided in to two parts. In the first half the court makes findings of fact on issues identified by the parties or the court and recorded in a Scott Schedule (precedents available from us if needed). During the second part the court decides the case based on the findings. Often there will be a clear and stark issue such as sexual or serious physical abuse or serious mental abuse such as controlling or coercive behaviour. However, this is not always the case. More recently, coercive and controlling behaviour has been deemed suitable for determination at a FFH. However, case law on this is still relatively limited. The CPS guidance gives 25 examples of what the police might investigate as part of coercive control allegations. Controlling