header-logo header-logo

09 March 2012 / David Burrows
Issue: 7504 / Categories: Features , Family , Property
printer mail-detail

No quick fix

Family law reform should be handled with care advises David Burrows

Sarah Whitten commented on the Family Justice Review (2011) (FJR), and on the government response (“A job for life”, NLJ, 17 February 2012, p 237). She urged swift response. Yes, but the review must be seen in a much wider context, of procedural and legal aid reform to the whole spectrum of family proceedings. Rushed through, they risk being a politician’s part answer, which often means bad law-making. A little time taken—a few months only—can yield a more effective system. A number of questions, not addressed in the report (especially concerning family proceedings other than children proceedings) need to be answered; and the inquisitorial-adversarial debate is not touched, as far as I can see.

Defining terms

First, it is important to define terms. “Family proceedings” generally means proceedings assigned to the Family Division. Most family lawyers would see “family law” as covering any case which arises on family breakdown (married and unmarried families) and where a local authority becomes involved

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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

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
back-to-top-scroll