3.0 Fact Finding Hearings (Re L Hearings)

When there is a dispute and allegations of domestic violence/abuse the solicitor / court may view it necessary to hold a fact finding hearing. Sometimes these hearings are described as Re L Hearings. Re L is a case in law {Re L (A Child) (Contact: Domestic Violence) [2001] Fam 260}, which held that courts should consider the nature and effect of alleged violence at the earliest opportunity when determining contact arrangements.

The fact finding hearing will determine if violence/abuse occurred and will include a risk assessment to ascertain further risks of harm before making consent orders for contact.
In effect, this will help ensure that safety is the paramount consideration when determining whether contact is in the child’s best interest.

It is important that the possibility of a fact finding hearing is considered by the victim and their legal representative at the initial stage of proceedings.

--------------------------------------------------
Note added at 1 hr (2023-10-28 22:06:28 GMT)
--------------------------------------------------

- https://belfastdvp.co.uk/themainevent/wp-content/uploads/Chi... - page 9

--------------------------------------------------
Note added at 1 hr (2023-10-28 22:12:28 GMT)
--------------------------------------------------

A key aspect of both the Children Act Sub-Committee’s guidelines and the Court of Appeal’s decision in Re L was that courts should consider the nature and effect of the violence at the earliest opportunity and should investigate allegations of violence so that findings of fact can be made. Such fact-finding hearings have become known as ‘Re L’ hearings.

This paper will consider the attitudes of the courts and professionals to Re L hearings, in the context of the broader guidelines laid down by the Children Act Sub-Committee and the Court of Appeal. It is part of a proposed wider project intended to look into the extent to which Re L hearings have been taking place since 2000, the willingness of the courts and professionals to engage in such hearings, and the consequences for children and parents.


* Re L (Contact: Domestic Violence), Re V (Contact: Domestic Violence), Re M (Contact: Domestic Violence), Re H (Contact: Domestic Violence) [2000] 2 FLR 334, CA

- https://slsa.ac.uk/images/slsadownloads/events/stirling 06 a... - text file to d/l

--------------------------------------------------
Note added at 1 hr (2023-10-28 22:20:04 GMT)
--------------------------------------------------

fact-finding hearing - posiedzenie (sądu) w celu zebrania informacji/faktów - https://www.njcourts.gov/sites/default/files/forms/11783_glo... - page 14

---

85 - fact-finding hearing - posiedzenie wyjaśniające - https://www.oirpwarszawa.pl/wp-content/uploads/2018/05/Glosa... - Excel file to d/l