Family Law Hub

Fact Finding

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  • The father's appeal against orders which were made after a hearing in which he was not permitted to cross-examine the mother was allowed. The judge helpfully, at paragraph 34, lists 11 points which could be used to deal with such cases (but was careful not to describe them as 'guidance') including a "Ground Rules Hearing" (GRH) once it becomes clear to the court that it is required to hear a case "put" to a key factual witness where the allegations are serious and intimate and where the witnesses are themselves the accused and accuser. Judgment, 30/07/2018, free
  • Father's appeal against a decision in which no order for contact was made with respect to the eldest child, and only limited provision was made for indirect contact to the youngest child. The appeal was allowed but the judge rules that it was contrary to the welfare interests of either of the children to contemplate a re-hearing. Judgment, 06/02/2018, free
  • Mother's attempt to re-open findings of fact that found no evidence that the father and grandfather had abused her son, and an appeal against an order that the child was to live with the father with limited supervised contact with the mother. Judgment, 13/10/2017, free
  • Fact finding hearing to consider Mother's allegations against Father in order to inform future welfare decisions about their son. At the end of the judgment Mr Justice Hayden expresses his concern that a Judge in the Family Court can still not prevent a victim being cross examined by an alleged perpetrator. Judgment, 23/05/2017, free
  • Fact finding judgment arising from contact proceedings where the UK husband separated from his Pakistani wife from an arranged marriage and then left her and their son in Pakistan without a passport. Judgment, 04/05/2017, free

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