‘I want to see my son. His mother has told the court that I have abused her in the past, and that is untrue. What is going to happen? ‘
It is important for the court to get the right perspective of these allegations in the interests of justice and fair process. Therefore, a judge in court will decide whether to convene a ‘fact-finding’ hearing to consider allegations of abuse in detail. To make that decision, a judge is likely to consider:
- Whether fact-finding is necessary or whether other evidence suffices.
- Whether fact-finding is proportionate.
- The nature of the allegations and the extent to which those allegations are likely to be relevant to the making of a child arrangements order.
- That the purpose of a fact finding is to allow assessment of the future risk to the child and the impact of any abuse on the child.
Ultimately, a judge will need to determine whether understanding what has (and has not) happened in the past, will help to decide what should happen now and in the future. From the outset, just how much credence is given by a judge in court to any allegations, depends on the motive and credibility behind the allegations. These may need to be carefully determined in a fact-finding hearing, when you will also have the chance to tell your side of the story.
If you are going through a similar situation and need assistance, please do not hesitate to contact us. Our team of legal experts is here to help you understand and work through the legal system and provide you with the support and guidance you need. You can reach us by phone or email, and we will be happy to schedule a consultation to discuss your case in detail. We understand how difficult and emotional this process can be, and we are committed to helping you achieve the best possible outcome for you and your family. Please don’t hesitate to call us if you need help.