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EN
Fact finding hearings: reassessing necessity, proportionality, and judicial hesitation when domestic abuse allegations are raised in
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News And Comments
Trisan Hyatt, 5 Pump Court ChambersThis article critically examines the evolving role of fact-finding hearings in private and public children law proceedings, particularly where allegations of domestic abuse arise.
While these hearings can be essential for safeguarding and welfare decisions, they often cause delay, emotional strain, and procedural complications.
The author evaluates whether fact-finding is being overused or if judicial reluctance is compromising child protection.
It highlights judicial hesitation post-COVID due to case backlogs and the pressure of time-limited proceedings.
The article calls for more nuanced case management, better use of existing evidence, and early clarity on evidential needs.
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