“…First, the judge had failed to apply or to comply with the provisions of PD 12J and the guidance given in In re H-N; In re H; In re B-B; In re T; Practice Note [2022] 1 WLR 2681(“Re H-N”), in that he should have either “engaged in a degree of fact-finding” or should have, at least, case managed the application so as to bring “greater c…”
“…he mother filed a long statement setting out her case. On 30 March 2021, this court’s judgment in Re H-N (Children) (Domestic Abuse - Finding of Fact Hearings) [2022] 1 WLR 2681; [2021] EWCA Civ 448 was handed down. In consequence the magistrates found that the final hearing could not go ahead and reallocated the case to a District Jud…”