Speaking at the Jersey International Family Law Conference last week, Sir Andrew McFarlane, who is due to retire in three years, said courts were the wrong place for deciding child arrangement disputes between separating couples where there were no allegations of abuse or safeguarding issues. He highlighted a 2020 report by the Family Solutions Group, chaired by Helen Adams, entitled ‘What about me?’, which he aimed to use ‘as the blueprint for radical change and to do all that I can to press for its recommendations to be implemented’.
The report identified gaps in provision for separating parents and potential reforms. However, it does not propose any change in legislation and its recommendations are ‘essentially about communication’, Sir Andrew said. It recommends a shift in language away from that of legal disputes and towards that of supporting parents to resolve issues together. It calls for parents to attend ‘information assessment meetings’ at an early stage of their separation, at a ‘family hub’ or other non-court resource, where a family professional would conduct an early assessment and triage the family’s needs.
Sir Andrew said: ‘Cases of straight forward relationship disfunction, not involving abuse or a need for protection, should not need to come before a magistrate or judge for resolution.
‘Indeed, because, for this group of cases, the issues concern matters of emotion and psychology, a court is most unlikely to be the best place to achieve any lasting resolution… the court process is not one that either adds value to the welfare of the child or is in any way beneficial for the parents. In some cases, it may simply provide a pitch and a referee for them to play out further rounds in their adult contest.’
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