WHAT IS A FACT FINDING HEARING? FAMILY LAW MATTERS IN THE FAMILY COURT. I have found many clients wanting to match up to the Judge and explain, describe, tell the Judge in a calm or even loud voice that the other party is lying, trying everything to stop them from seeing their child or children. But it does not work like that in practice. The Court has to follow a procedure concerning a person giving evidence. They have to swear an oath on the Holy book or affirm. They have to have a Witness Statement as Examination in Chief, be Cross-examined and have the right to re-examination. The Judge can put questions to a party and documents which would have been sent to court in a bundle prepared in line with the Practice Direction have to have been sent to court before the hearing. In order words, there is a procedure for giving evidence at court and the court follows a protocol to determine who is lying and who is telling the truth.WHAT IS A FACT FINDING HEARING? FAMILY LAW MATTERS IN THE FAMILY COURT. I have found many clients wanting to match up to the Judge and explain, describe, tell the Judge in a calm or even loud voice that the other party is lying, trying everything to stop them from seeing their child or children. But it does not work like that in practice. The Court has to follow a procedure concerning a person giving evidence. They have to swear an oath on the Holy book or affirm. They have to have a Witness Statement as Examination in Chief, be Cross-examined and have the right to re-examination. The Judge can put questions to a party and documents which would have been sent to court in a bundle prepared in line with the Practice Direction have to have been sent to court before the hearing. In order words, there is a procedure for giving evidence at court and the court follows a protocol to determine who is lying and who is telling the truth.
