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From Allegation to Determination Fact Finding Hearings under the Family Law Act 1996 and Children Act 1989

Speaker: Milad Shojaei

FAMILY

Milad regularly represents and advises in applications under the Family Law Act on behalf of both applicants and respondents in domestic violence cases. He is experienced in handling cases where individuals face a range of legal challenges, including applications for Non-Molestation Orders, Occupation Orders and Fact-Finding Hearings concerning domestic violence. He also works extensively in the field of children (private law) and financial remedies.

In this expert seminar, Milad focuses on when fact-finding hearings are required in Children Act proceedings; what evidence assists and best practices for case preparation; and securing fact-finding hearings and non-molestation orders via Section 46 of the Family Law Act 1996.

Key words/topics:

Practice Direction 12J

Schedule of allegations

Witness statements

Avoiding the s46 pitfall

Section 46 Family Law Act 1996

A A v NA (Appeal: Fact Finding) [2010] EWHC 1282 (Fam)

RE G and H (Children: return to Ghana) [2024] EWHC 1453 (Fam)

A v K (Appeal: Fact Finding: PD12J) [2024] 1981

Re BR (Proof of facts) [2015] EWFC 41 & Re D [2017] EWHC 3075 (Fam):

DS v AC [2023] EWFC 46

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