Martin Partington: Spotlight on the Justice System

Keeping the English Legal System under review

Posts Tagged ‘family court

Financial Remedies Courts: developments in Family Justice

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2018 will witness the start of a new approach to dealing with the financial matters that can arise when married couples are divorced. The current President of the Family Division, Sir James Munby has set out his ambition that disputes about financial matters should be treated quite separately from the process of getting the divorce itself.

To this end, a series of pilots is being launched in February 2018 in which, in three trial areas of the country, financial matters will be dealt with by specially trained judges in a reduced number of family court hearing centres. The courts undertaking this work will be known generally as Financial Remedies Courts.

The new system will initially be operated on a trial basis in three areas of the country: London, the Black Country and South East Wales.

The President clearly hopes that expansion of the scheme to other parts of the country will take place rapidly.

In a recent Circular, Sir James wrote:

My core ambition for financial remedy work is to improve significantly both the application of procedural justice and the delivery of substantive justice.
Procedural justice will be bettered by the appointment of a cadre of specialist judges to the Financial Remedies Court (FRC) and by a process of early allocation of a case to the right judge at the right level  at the right place, so as to ensure maximum efficiency. It will be bettered by the application and enforcement of standard directions and interim orders and by ensuring that FDRs (where the majority of cases settle already) are conducted with consistency, with sufficient time being allowed not only for the hearing but also for judicial preparation.
The delivery of substantive justice will be improved by an improved programme of judicial training; by the reporting of judgments in small and medium cases by the judges of the FRC to promote transparency and consistency; and by ensuring that sufficient time is allowed for the preparation and conduct of final hearings.
An increase in transparency will result in increased predictability of outcome, which in turn should lead to a higher rate of settlement or, for those cases that do not settle, a reduced rate of appeals.
Although initially hearings will be paper-based, it is intended that – in common with other changes being made in the justice system – there should be rapid moves to making the process an entirely digitised one.
These changes are being accompanied by another reform which has seen the introduction of many more standarised orders, which will be used by judges and avoid the need for parties or their legal advisers to draw up orders that then have to be approved by the judges. Sir James hopes this will particularly assist litigants in person.
A full statement of Sir James’ vision can be seen in Circular 18 available at https://www.judiciary.gov.uk/wp-content/uploads/2014/08/view-from-the-president-of-family-division-20180123.pdf
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Written by lwtmp

January 24, 2018 at 11:35 am

Keeping the reform of Family Justice under review – the work of the President of the Family Division

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A notable development in the programme of change currently happening in the Family Justice system is the very personal attention being given to the programme by Sir James Munby, the President of the Family Court. He publishes a regular series of newsletters, which he now calls ‘The View’, setting out progress both on matters of the reform of family law, and the processes of the courts.

He clearly supports the aims and objectives of the Norgrove recommendations for change and is anxious that practice and procedures are made more efficient. He is clearly concerned about the resources available to the Family Justice system, but does not think that more resources is the answer to all the problems of the system. He wants new approaches to be developed as well.

One particular development of which he has become a strong supporter is the notion of ‘problem-solving courts’. The theory is that many families that get caught up in the care system do so because there are aspects of life style – especially alcohol and substance abuse – which result in children coming to the attention of social service departments. The argument is that if you offer a programme of support for the parent(s) who are not coping well, to change their lives, this could result in few children being brought within the case system – with all the cost that this entails.

Some years ago, Judge Nicholas Crichton established a new type of court – the Family Drug and Addiction Court (FDAC) – which sought to put these ideas into practice.

In 2015, a FDAC National Unit was created, which seeks to promote the development of these courts in different parts of the country. In its first year it had helped more than 15 such courts to come into existence.

Sir James Munby is extremely impressed with their work and a powerful advocate for their further development.

To read Sir James Munby’s newsletters/Views go to https://www.judiciary.gov.uk/publications/view-from-presidents-chambers/

To read more about the FDAC Unit go to http://fdac.org.uk/

 

Written by lwtmp

November 9, 2016 at 3:08 pm

Transforming the English Legal System: Family Justice

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The Consultation Paper, Transforming our Justice System, has little to say on further reforms to the Family Justice system.

It has been undergoing radical change over the last few years, following publication of the report by David Norgrove and the creation of the single family court. The Government clearly wants work in progress to continue.

Progress with these reforms is kept under active review by the President of the Family Division, Sir James Munby, who now issues regular newsletters on developments – the latest is the subject of a separate blog item.

Written by lwtmp

October 5, 2016 at 5:13 pm

Divorce on-line: a cautionary tale

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There is much talk, excitement even, at the prospect of the court system at last taking steps to embrace on-line technologies to increase efficiency in the process of resolving disputes.

There are already a number of proceedings that can be started on-line, such as possession proceedings and money actions.

The family courts are also engaged in these developments. But just before Christmas 2015 a problem was identified with one of the on-line forms that can be used – Form E.

Form E is the form on which parties in divorce, dissolution, nullity or judicial separation proceedings disclose information about their assets and liabilities. One feature of the Form is that is has a calculator built in which calculates a figure which judges can then use to judge any financial settlement.

This fault that was discovered meant that the automatic calculator in the form calculated the wrong total for an individual’s net assets by failing to deduct certain liabilities.

The fault had not always been there but it  was present in versions of Form E which were online between April 2014 and mid December 2015 and also between April 2011 and January 2012.

HMCTS staff found that a total of 36,527 cases had used different versions of the Form, of which 3,638 files – 10% – contained the faulty calculator version of Form E. Of these, 1,403 cases were still live, allowing HMCTS to intervene immediately to clearly flag these cases to the courts in order to avoid the error affecting the final orders in these cases.

But 2,235 files – 6.1% – were closed cases, so that the fault could have affected the outcome.

On 21 January 2016 the Minister Shailash Vara announced that parties in these cases would be contacted to see whether they wanted their case to be reviewed.

Although the increased use of IT in court dispute-resolution procedures is inevitable, this instance is a reminder of the importance of ensuring that relevant software is throughly tested before it is made publicly available.

It should be noted that the error was not discovered by a solicitor (they tend to use different software) but by a company called the Family Law Clinic who provide low cost assistance to parties seeking to do the divorce themselves.

It may also be noted that DIY divorce is not just for those of moderate means. The high profile divorce announcement, also in January 2016, by Gary Lineker contained the information that he and his wife had obtained their divorce for just £400.

For the ministerial statement on Form E see https://www.gov.uk/government/speeches/family-justice.

For the family law clinic see http://www.familylawclinic.co.uk/contact-us.html

For news of the Lineker divorce see http://money.aol.co.uk/2016/01/18/how-the-linekers-did-it-keeping-divorce-costs-down/

 

 

 

 

Written by lwtmp

January 22, 2016 at 11:42 am

Experts in family law cases: new practice direction

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In May 2013, the Government launched a consultation on the standards that experts in family cases should have. The standards had been drawn up by the Family Justice Council. The judiciary have recently announced that these standards are now operational.

The standards include making sure that the expert:

  • has knowledge appropriate to the court case,
  • has been active in the area of work or practice and has sufficient experience of the issues relevant to the case,
  • is either regulated or accredited to a registered body where this is appropriate,
  • has relevant qualifications and has received appropriate training, and
  • complies with safeguarding requirements.

The standards were developed in partnership with the Family Justice Council.

For further details, see http://www.judiciary.gov.uk/publications/new-national-standards-for-family-court-experts/

Written by lwtmp

October 30, 2014 at 12:11 pm

Reforming the Justice system: creation of the Family Court

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The long-awaited Family Court opened for business on 22 April 2014.

Following enactment of the Crime and Courts Act 2013, instead of family cases being divided amongst Family Proceedings Courts (as Magistrates’ Courts dealing with family matters are called), county courts and the Family Division of the High Court, there is now a single point of contact for all family matters that need resolution by courts. In practice, the judges that formerly undertook family work will continue to do so, and the buildings used for family cases will be the same. But questions of how matters are to be divided between the different types of judge will be decided by judicial administration on a practical basis. It is specifically provided that certain types of simple cases may be dealt with by magistrates sitting on their own, rather than in panels. Justices’ clerks and their assistants are also given wider powers to assist the judiciary in straightforward cases.

As you will be aware, the Children and Families Act 2014 was given Royal Assent on 13 March and a number of significant family justice reforms will be introduced from 22 April.

The reforms to the family justice system are aimed at improving the way the system functions as a whole. In particular, we want to make sure that the welfare of children is at the centre of decisions, reduce delays in proceedings, and encourage families to use court as a last resort to resolve disputes. We are:

  • Placing a requirement on a person to attend a meeting to find out about mediation before they are allowed to make certain applications to the family court, for example, disputes over finances or children arrangements (unless exemptions apply – such as in cases of domestic violence).
  • Moving to the use of child arrangements orders (CAOs) in place of ‘residence’ and ‘contact’ orders.
  • Streamlining court processes for divorce and dissolution of a civil partnership by removing the requirement for the court to consider the arrangements for children as part of these processes.
  • Introducing a 26-week time limit for completing care and supervision cases, to improve the timeliness of finding a permanent placement for children. The court will have the discretion to extend cases by up to eight weeks at a time, should that be necessary to resolve proceedings justly.
  • Restricting the use of expert evidence in children (both public and private law) proceedings to that which is necessary to resolve the proceedings justly and requires courts to have regard to the impact of delay on the child when deciding whether to permit expert evidence in children proceedings and whether the court can obtain information from parties already involved;
  • Reducing unnecessary administrative work, by removing the need to renew interim care orders and interim supervision orders as frequently, allowing the courts to set interim orders which are in line with the timetable for the case.

– See more at: http://www.lawsociety.org.uk/advice/family-court-resources/family-law-changes-information-from-the-ministry-of-justice/#sthash.RpPOYiu2.dpuf

The Children and Families Act 2014 is also brought into effect on the same day. This implements the recommendations of the Norgrove Committee on Family Justice. It

  • makes attendance at a meeting to find out about mediation a compulsory requirement, before any proceedings before a court can be started (save for exceptional cases, e.g. where there is domestic violence) so separating couples must consider alternatives to court battles when resolving financial matters and arrangements for child contact;
  • replaces residence and contact orders with ‘child arrangements orders’ designed to encourage parents to focus on the child’s needs rather than what they see as their own ‘rights’;
  • introduces a 26 week time limit for care proceedings to further reduce the excessive delays in these cases and give greater certainty to the children involved (this can be extended by up to 8 weeks if necessary to resolve a case justly);
  • streamlines the process of obtaining a divorce or dissolution of a civil partnership;
  • restricts the use of expert witnesses in both private and public law children proceedings, requiring the court to consider the impact of delay on the child and whether the information could actually be obtained from parties already before the court.

The impact of cuts to legal aid are that it appears there are many more litigants in person before the courts. It remains to be seen whether, when the changes have bedded down, this remains the case.

For further information see https://www.gov.uk/government/news/family-justice-reforms-to-benefit-children; and https://www.gov.uk/government/news/major-changes-in-family-courts.

See also http://www.lawsociety.org.uk/advice/family-court-resources/family-law-changes-information-from-the-ministry-of-justice/

Written by lwtmp

June 2, 2014 at 3:40 pm