This form is an official State of New York Family Court sample form, a detailed Order Upon Fact-Finding Hearing. Available for download in Wordperfect and Adobe pdf formats.
New York Order Upon Fact Finding Hearing
State:
New York
Control #:
NY-3-28
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Word;
PDF;
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FAQ
Fact Finding Hearing Evidence is heard, which will normally include parties being cross-examined. After having heard the evidence, the judge will decide whether the alleged incidents happened or not.When making a decision the judge has to consider the allegations made by each side.
A Fact Finding Hearing is a type of court hearing that considers the evidence surrounding allegations, and the court will make a decision as to whether alleged incidents did or did not happen.It is for the person making the allegations to prove that they are true.
Depending on the case, they may last from half a day to the longest I have done, six days. The process is very similar to a Final Hearing, in that the Applicant is sworn in, questioned by the other side and then the Judge, and then any witnesses for the Applicant are sworn in and questioned.
1027 or Intake Hearing: If the child is removed from the home without a court order, a hearing known as a "1027" must be held on the next date court is in session after the petition is filed to determine if the child should be remanded to a place designated by the court, placed in the custody of a suitable person other
When a local authority (social services) decide that they need to get involved with a family to keep a child safe they may start a court case.Often where a child has been removed in an emergency like this social services will also start a care case to deal with the longer term.
When a local authority (social services) decide that they need to get involved with a family to keep a child safe they may start a court case. This sort of case is called a public law case or care proceedings.The court can authorise removal of children for up to 8 days under an Emergency Protection Order.
Depending on the case, they may last from half a day to the longest I have done, six days. The process is very similar to a Final Hearing, in that the Applicant is sworn in, questioned by the other side and then the Judge, and then any witnesses for the Applicant are sworn in and questioned.
Fact Finding Hearing Evidence is heard, which will normally include parties being cross-examined. After having heard the evidence, the judge will decide whether the alleged incidents happened or not. Most commonly, these allegations concern domestic abuse.