header-logo header-logo

02 April 2020
Categories: Legal News , Family
printer mail-detail

Taking family disputes out of the courtroom

A working group into approaches to child arrangements when parents separate has called for ‘radical change’ in its second report, published this week
The Private Law Working Group (PrLWG), led by Mr Justice Stephen Cobb, began work in 2018 and published its first report in July 2019. Its second report, a detailed 101-page analysis, states: ‘We believe that we have reached a critical point in the evolution of in-court and out-of-court dispute resolution for separating families; the system (such as it is) is not functioning appropriately, and its weakness is exposed by the pressure of the demand placed upon it.

‘Little will be gained by tinkering with the current arrangements. We feel that now is the time to instigate more radical system change for the benefit of future generations.’

Sir Andrew McFarlane, President of the Family Division, said: ‘While there is always a role for a judge or magistrate sitting in a court room, the report re-ignites an important conversation about services for families, and dispute resolution, out of the courtroom.

‘In reality, of course, difficulties that cause parents to come to court are not always essentially legal matters; they are, very often, the consequences of broken or dysfunctional adult relationships. As this report advises, public education about the effects of parental conflict, and the work of professionals other than lawyers or judges, will be key to supporting families to receive appropriate assistance and support; while the courts remain important for the determination of disputes particularly those involving harm to children or adults, courts should otherwise be seen as the last, rather than the first, port of call when many disputes arise.’

The report, ‘Private law: family disputes. The time for change. The need for change. The case for change’, can be found at https://bit.ly/2xIYI76

 

Categories: Legal News , Family
printer mail-details

MOVERS & SHAKERS

42BR Barristers—4 Brick Court

42BR Barristers—4 Brick Court

42BR Barristers to be joined by leading family law set, 4 Brick Court, this summer

Winckworth Sherwood—Rubianka Winspear

Winckworth Sherwood—Rubianka Winspear

Real estate and construction energy offering boosted by partner hire

Gateley Legal—Daniel Walsh

Gateley Legal—Daniel Walsh

Firm bolsters real estate team with partner hire in Birmingham

NEWS
A wave of housing and procedural reforms is set to test the limits of tribunal capacity. In his latest Civil Way column for NLJ this week, Stephen Gold charts sweeping change as the Renters’ Rights Act 2025 begins biting
Plans to reduce jury trials risk missing the real problem in the criminal justice system. Writing in NLJ this week, David Wolchover of Ridgeway Chambers argues the crown court backlog is fuelled not by juries but weak cases slipping through a flawed ‘50%’ prosecution test
Emerging technologies may soon transform how courts determine truth in deeply personal disputes. In this week's NLJ, Madhavi Kabra of 1 Hare Court and Harry Lambert of Outer Temple Chambers explore how neurotechnology could reshape family law
A controversial protest case has reignited debate over the limits of free expression. In NLJ this week, Nicholas Dobson examines a Quran-burning incident testing public order law
The courts have drawn a firm line under attempts to extend arbitration appeals. Writing in NLJ this week, Masood Ahmed of the University of Leicester highlights that if the High Court refuses permission under s 68 of the Arbitration Act 1996, that is the end
back-to-top-scroll