In an application for a care order, McFarlane J, after listing a number of authorities, identified nine factors which needed to be borne in mind before deciding whether or not to conduct a fact-finding hearing. They were:- (1) the interests of the child (which are relevant but not paramount); (2) the time that the investigation will take; (3) the likely cost to public funds; (4) the evidential result; (5) the necessity or otherwise of the investigation; (6) the relevance of the potential result of the investigation to the future care plans for the child; (7) the impact of any fact finding process upon the other parties; (8) the prospects of a fair trial on the issue; (9) the justice of the case.
Judges:
McFarlane J
Citations:
[2005] EWHC 1593 (Fam), [2005] 2 FLR 1031
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – In re W (A Child); AW v SW CA 30-Oct-2008
The father sought leave to appeal against an order made on his application for contact. The mother appeared to have encouraged great hostility in the children toward the father. The court had decided that the children were aroaching ages when they . .
Lists of cited by and citing cases may be incomplete.
Children
Updated: 09 May 2022; Ref: scu.279011