Getting the process right in determining disputed facts in public and private law children cases is critical.
If disputed allegations are dealt with wrongly, the consequences for children can be serious and senior judges have expressed concern at the way some cases have been handled.
How does guidance, such as that of Ryder LJ that split hearings must be confined to cases where there is "a stark or discrete issue to be determined and an early conclusion on that issue will enable the substantive determination … to be made more expeditiously" be applied in practice?
This webinar will give you the tools to apply best practice to your children cases when it comes to fact finding and split hearings.
What you will learn:
- Private law fact finding: how to assess when a separate hearing is appropriate
- Practice Direction 12J Child Arrangements & Contact Order: Domestic Violence and Harm; what the guidance says
- Public law fact finding hearings: when to have them and how to run them
- Presenting the evidence; Standard of proof, practical tips for success
- Children giving evidence and meeting the Judge
- The vulnerable Witness
- ABE Interviews
- Revisiting findings and when costs are relevant
- Case law update: the key points from leading cases on fact finding including Re K (Children) (2016) EWCA Civ 99, Re T (A Child) (2016) EWCA Civ 1210, Re E (A Child) (2016) EWCA Civ 473, Cumbria County Council v KW And Others  EWHC 26, Re X (Children)  EWHC 3651 &  EWHC 503, Re X (A Child) (No 3)  EWHC 2755, Re AD and AM (Fact-Finding Hearing) (Application for Re-Hearing)  EWHC 326.
This webinar is important for all lawyers, trainees and legal executives dealing with children work.
- 1 hours
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