header-logo header-logo

10 January 2019 / David Burrows
Issue: 7823 / Categories: Opinion , Divorce , Child law , Mediation , Family
printer mail-detail

Fixing family law: a wish list

nlj_7823_burrows

David Burrows looks ahead & shares his manifesto for change

What would I do if I ruled the family law world? I have started from recognition that opaque law is injustice in itself, and ended with a plea for legal aid (I have not included domestic abuse law reform since that is said to be in the course of being dealt with). My pleas for reform of family law reform would include the following:

1. Clarity: lack of clarity in law denies a fair trial, especially in these days of so many people being deprived of legal aid (see later). Family law is no exception. Parliament has fixed the rule-makers’ duty as to produce rules ‘with a view to securing that… the rules are both simple and simply expressed’ (Courts Act 2003 s 75(5)). Frequently this is not achieved by the rules: for example, much of Pt 16 (representation of children) is a repetition, with convoluted and confusing complexity, of the 1991 rules (see later); FPR 2010 Pt

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Debevoise & Plimpton—Mary Lavelle

Debevoise & Plimpton—Mary Lavelle

Debevoise expands London secondaries team with addition of Mary Lavelle

Excello Law—Hestia Private Client

Excello Law—Hestia Private Client

Excello Law welcomes ex-Irwin Mitchell team to launch Hestia Private Client

Carpmaels & Ransford—Christopher Stothers

Carpmaels & Ransford—Christopher Stothers

Heavyweight patent litigator will bolster Carpmaels Ransford’s rapidly growing Litigation team as firm marks its 250th anniversary

NEWS
Lawyers have welcomed plans to create specialist rape and serious sex offences courtrooms at every Crown Court
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
back-to-top-scroll