Family Justice Review released today - Gareth Jacques - barrister at Regency Chambers

Thursday, 3 November 2011

Family Justice Review released today - 3/11/11

My first post, and on a day when I can actually post something interesting!!

The final report of the Family Justice Review was released this morning.

Will this be good for Family Law as a whole? My guess is we will have to wait and see.

The key "headline grabbing" points seem to be:

• A recommendation to "bin" residence and contact orders, but replace them with "Child Arrangements Orders."
• A new two track system for family cases should be implemented "simple" and "complex" - and the level of Judge needed for the case will be determined on the cases track allocation.
• A new Family Justice Service will be established which is to be responsible for the budgets of court social work services, mediation, out of Court resolution services and it is thought that in time it will be responsible for budgets in relation to the instruction of experts and solicitors for the children.
• The same Judge should have conduct of the case all the way through.
• A single Family Court system should be set up where all levels of the judiciary sit in the same building (i.e. Magistrates, DJ's and CJ's)
• The High Court will remain for complex cases, but High Court Judges are going to be encouraged to travel to the single Family Court point to hear their cases.
• In all but exceptional caes, Care Proceedings must be concluded within 6 months of them commencing.
• Experts will only be instructed in cases where their involvement is necessary to conclude the case, and the impact of delay to the child (when instructing an expert) should be considered even more than it currently is.
• A new online hub for starting divorce proceedings will be established.
• Parents will be encouraged to resolve disputes regarding their children outside of Court.

 The full report can be found at:

http://www.justice.gov.uk/downloads/publications/policy/moj/family-justice-review-final-report.pdf

My thoughts on the report to follow soon...