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Shake-up of Family Court system
Major changes introduced in the family justice system last month were described by the President of the Family Division, Sir James Munby, as amounting to a ‘revolution’. The changes include a single Family Court, a strict timetable of up to six months in most care proceedings and the introduction of compulsory mediation sessions for separating couples. The changes include a single Family Court, a strict timetable of up to six months in most care proceedings and the introduction of compulsory mediation sessions for separating couples.
The government’s reforms were influenced by the independent Family Justice Review. The review, which was chaired by David Norgrove, was critical of the ‘excessive delays’ in the system.
Legal aid was cut for most separation and divorce cases from April last year. LAG understands that this has led to a large increase in the number of self-represented parties in the family court system. Justice minister Simon Hughes said that he would like couples to sort out their issues ‘before they go through the door of the court’, and wants ‘lawyers out of the process as much as possible’. The minister also said that he believed that children had suffered from ‘excessive delays and confrontational court battles’ for too long, and that the ‘reforms mark a significant moment for the family justice system’.
‘LAG welcomes the provision to make it compulsory for a separating couple to consider mediation, but we believe that good legal advice at the start of the process is essential to protect people’s rights. Early advice also ensures that the mediation process works’, said LAG’s director Steve Hynes.