Family Justice Review Interim Report

On 31st March 2011 an interim report was published reviewing  the Family Justice  System.  The report makes recommendations to change the current system for dealing with court cases relating to children and also to some extent divorce and financial matters.  The government has asked for the views of the public and the legal profession on reforming the system by 23rd July 2011.  After that legal reforms would need to be passed through Parliament.

The report highlights the current problems with the system.  It is under strain with cases being delayed and it is very expensive for those who apply to the courts.  The average case involving a dispute between parents in relation to the arrangements as to where a child should live/contact arrangements took 32 weeks in 2010.  The longer the process takes the more costly it is for the parties. 

The report makes recommendations to shake up the system by stream lining the process and the structure of the courts/judiciary. The report also emphasises that families should if at all possible resolve their disputes without going to court.  The use of “Parenting Agreements” is encouraged whereby parents would negotiate together to agree a plan on day today arrangements for their children and parenting ground rules.  There has already been a change in the law which provides that from 6th April 2011 most people applying to the courts on a family law issue will be required to attend a meeting with a mediator to find out more about the mediation process before they will be allowed to make an application to the court.  There will be some exceptions to this for example where there has been domestic violence.  The mediation process involves a series of direct meetings between a couple and a mediator with each party having access to a solicitor separately for advice in between the mediation meetings. 

The review also received representations regarding the current law relating to Grandparents contact with their Grandchildren.  The current system provides that if Grandparents wish to apply to the court for an order to allow them to see their grandchildren they have to first have the permission of the court to make such an application.  Whereas Parents automatically have the right to apply.  This is therefore an extra hurdle for Grandparents.  The report does not recommend that this procedure is altered.  However the panel recognise in the report the importance Grandparent’s play in children’s lives and that this is a relationship which is often highly valued both by children and other family members. The reality is that in modern family life grandparents can often play a key role in terms of childcare and providing emotional and financial support.  The review recommends that the relationship with Grandparents should be emphasised in the process of negotiating a “Parenting Agreement”.  It emphasised that part of a parent’s role in caring for their child is to ensure that they continue to have a relationship with those people who have an important role in their life and that this includes Grandparents.

A “Parenting Agreement” can be negotiated through the mediation process, by parents and grandparents directly or with the help of solicitors.

At Flint Bishop we have a team of highly experienced family solicitors. If you require advice on this or any other area of family law please contact:

Fiona Lazenby, Partner & head of family
fiona.lazenby@flintbishop.co.uk
DD: + 44 (0)1332 226 174

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Fiona Lazenby
Partner & head of family
fiona.lazenby@flintbishop.co.uk
DD: + 44 (0)1332 226 174

Carl Weston
Head of marketing
carl.weston@flintbishop.co.uk
DD: + 44 (0)1332 226 163