Assumption: "A judge's decision not to hold a fact-finding hearing is something an appeal court will readily revisit if I disagree."
1 min readThis content reflects observational insights and lived community experiences. It does not constitute legal advice — always consult a qualified professional for your specific circumstances.
What People Expect
A parent may think that a judge's decision not to hold a fact-finding hearing is something an appeal court will readily revisit if they disagree with it.
Court Reality
Whether to hold a fact-finding hearing is a case management decision, and appeal courts are especially reluctant to interfere with those. The bar is that the decision was plainly wrong, not merely arguably wrong, and a judge who has heard the case across many hearings is given even more latitude by an appeal court.
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The Gap?
"A judge's decision not to hold a fact-finding hearing is something an appeal court will readily revisit if I disagree."
Court Reality
Whether to hold a fact-finding hearing is a case management decision, and appeal courts are especially reluctant to interfere with those. The bar is that the decision was plainly wrong, not merely arguably wrong, and a judge who has heard the case across many hearings is given even more latitude by an appeal court.
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