Where there is a contested factual dispute which is relevant to the welfare of children or domestic abuse, the court may deem it appropriate for a Finding of Fact hearing to take place. This gives the court the opportunity to hear oral evidence of the allegations in dispute.

The court will hear evidence from both parties and also witnesses if appropriate. The parties and witnesses are likely to be cross examined and asked questions to test their evidence.

After hearing the evidence, the court will determine on the balance of probabilities whether it’s more likely than not the events occurred.  

Once the finding is made, the court will proceed with the remainder of the Children Act proceedings using the finding as a factual basis for future decisions.

A fact finding hearing is not necessary if one party admits the allegations i.e they are not disputed.

If you have an enquiry relating to finding of fact hearings or Children Act Proceedings, please call 01902 328 355 and you can speak to Aimee Stokes, a family law solicitor in our dedicated family law team.

George Green Solicitors have offices based in Wolverhampton and Cradley Heath and serve clients across the West Midlands and Black Country including Stourbridge, Wolverhampton, Halesowen, Birmingham and beyond. You can also complete our online enquiry form and a member of our team will contact you for an initial discussion.