![]() It is clear from the judgment of K v K that a fact finding hearing should only be directed if the allegations are directly relevant to what the court is being asked to decide in relation to the children’s welfare. The court then needs to consider whether the facts alleged are relevant to the issues at hand. K v K has confirmed that the court needs to take time to identify the specific welfare issues in order to understand the nature of the allegations. ![]() ![]() It is imperative for Judges to consider whether the same is truly necessary. This decision followed Cafcass recommending that the court consider a fact-finding hearing.Ī fact finding hearing will often result in a delay in proceedings. The Judge directed a two-day fact finding hearing to consider seven allegations. At the first hearing, further, more serious allegations were raised by the mother. The initial allegations presented by the parties were described as “ relatively minor”. He made allegations of parental alienation and sought to formalise the contact arrangement. Our paralegal, Molly Nicholls, analyses the recent judgment below.įollowing a disagreement between the parents, the father applied to the court. The appropriateness of fact finding hearings in private children proceedings was recently considered by the court in the case of K v K EWCA Civ 468. Our trainee solicitor, Emily Borghese, has previously addressed the purpose of a fact finding hearing in her blog, “Fact finding hearing: Dubai’s princesses”.
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