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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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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

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Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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