Report on operation of the Family Courts published
14 July 2011
Family Courts will need to be more prepared to cope with litigants representing themselves following Government reforms to Legal Aid – MPs on the Commons Justice Committee have warned in a new report
The Chair of the Justice Select Committee, the Rt. Hon Sir Alan Beith MP said;
"Many family disputes could be better dealt with by mediation than in a court.
However, there will still be cases which go to court and there will be significantly more litigants in person following changes to legal aid.
Courts are going to have to make adjustments to cope with more people representing themselves in what are often emotionally charged cases."
Children, Schools and Families Act 2010
The MPs are also calling on the Government to scrap the provisions in the Children, Schools and Families Act 2010 to allow media access to Family Courts following universal condemnation of the plans. The report recommends that Ministers reformulate proposals to increase transparency in Family Courts putting the views of children centre stage.
Sir Alan Beith added:
"Greater transparency in the administration of family justice is much needed, but it has to be balanced against the equally important requirement of protecting the interests of children.
Ministers must go back to the drawing board when it comes to granting media access to family courts and properly consider the views of children who may be affected."
Family Justice Panel
The committee rejects the Family Justice Panel's Interim Report recommendation that a statement be introduced into legislation to "reinforce" the importance of a child having a meaningful relationship with both parents.
The MPs believe it ought to be obvious to the courts, and to parents, that a child deserves a meaningful relationship with both parents but that inclusion of a statement in the law could create confusion and the mistaken impression the law had changed.
Australia
The committee heard evidence from Australia that family law reforms there had obscured the overriding importance of the best interests of the child.
Costs
The committee also calls on judges to reduce the costs and delays in case management associated with expert reports. Judges should be encouraged to, where possible, insist on joint reports and require clear explanations of why additional assessments are needed, ensuring the parties' solicitors work together to reduce the number of questions for the expert.
Reforms
Government plans to fold Cafcass into the proposed new Family Justice Service do not go far enough, according to the report. The committee calls for this to be the first step in a series of reforms designed to transform the body into a less process-driven, more child focused and integral part of family justice.
Further Information