How a Fact Find Hearing works and key considerations throughout the process

04/23/21 • 24 min

Natasha Slabas, Family Partner at DMH Stallard, welcomes you to this episode of her podcast on the operation and construct of Fact Find Hearings which operate in the family courts to determine allegations of domestic abuse.
Natasha takes you through the considerations that need to be taken from the start of your application, such as completing the Form C1A and the operation of family courts in ironing out such abuse before any arrangements for a child may be determined.
Natasha goes through examples of instances of abuse which the court may not consider as relevant or sufficiently connected to the judge's determining of the main question arising from the application. Natasha also defines and describes the importance and relevance of a Scott Schedule for the court's perusal within the Fact Find.
Further, Natasha goes through a landmark case of Mr Justice Hayden at the Royal Courts of Justice, London, F v M [2021] EWFC and of the importance of his decision with regards to instances where coercive control features as a form of abuse.
If you have any queries arising from her podcast, please contact her via her Instagram account: @natashathefamilylawyer or email: [email protected]

Previous Episode

A guide to obtaining protective injunctive orders from the family courts

Natasha Slabas, Family Partner at DMH Stallard, explains the nature and process of obtaining a Non-Molestation or Occupation Order, otherwise known as protective injunctions, from the family courts.
Starting from the top to bottom, Natasha goes through the legislation underpinning the framework and of the factors you need to consider if applying at court.
As well as going through this in detail, Natasha explains what a defendant to an application ought to do to disprove the allegations.
Should there be any queries arising from this episode, Natasha can be contacted via her Instagram: @natashathefamilylawyer or via email: [email protected]

Next Episode

Analysis of Re H-N and Others (children) (domestic abuse: finding of fact hearings) [2021] EWCA Civ 448 and the Domestic Abuse Act 2021

Natasha Slabas, Family Partner at DMH Stallard, presents to you a role on episode on finding of fact hearings in the family courts. The emphasis is on this particular Court of Appeal case, given its significance in steering the family courts into a directions which does not overlook circumstances where there is a series of events pointing towards abuse.
There is a clear tension between the need to uphold the paramountcy principle underpinning the Children Act 1989 in ensuring a child's welfare is at the forefront of the court's decision-making, the court's lack of judicial availability where there are several allegations and in the construct of how such facts are devised.
Natasha will examine the impact of the four cases heard before the Court of Appeal judges, examining key paragraphs and also look towards how these might synergise with the recent enactment of the Domestic Abuse Act 2021.
Natasha can be contacted via her Instagram: @natashathefamilylawyer or via email: [email protected]