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The President of the Family Division, Sir Nicholas Wall, has issued new practice guidance for judges and magistrates on when it is suitable to direct a split hearing or to conduct a fact finding hearing.
Sir Nicholas is concerned that there has been an excessive increase in the number of split hearings being directed which are taking up a disproportionate amount of the court's time and resources.
A split hearing is a hearing divided into two parts, during the first of which the court makes findings of fact on issues either identified by the parties or the court, and during the second part of which the court, based on the findings which it has made, decides the case.
The guidance reminds judges and magistrates that the decision to direct a split hearing is a judicial decision and not a decision for Cafcass or for the parties.
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