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02 June 2023 / Caroline Bowden
Issue: 8027 / Categories: Features , Family , Divorce , Child law , Mediation , ADR
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Family law: the court of last resort

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For many participants in a family dispute, almost any alternative is better than ending up in court. Caroline Bowden hopes the government will succeed in getting this message across
  • The government is consulting on the earlier resolution of private family law arrangements, and is expected to stress the importance of seeking agreement outside of the courts.
  • Any moves towards non-court dispute resolution in family matters are to be welcomed, although much will depend on the details of how the system will be rolled out and embedded in practice.

The author is cautiously optimistic about a government consultation on plans to radically alter the pathway for couples experiencing separation. The Ministry of Justice is hoping for a culture change, shifting people from looking at court as the inevitable destination, when there is conflict over the arrangements for children, finances or housing. Instead, it wants court to be the last resort, to be used only for those who need it and when the possibility of

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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