Revolution in the Family Court

Posted 22/04/2014

Important changes are being brought in this month which will be relevant to parents who may be separating or divorcing. The Child Arrangements Programme, which came into effect on 22 April, brings some significant changes to the procedures relating to Court cases involving children.

The aim behind the changes is to assist families to reach safe and child-focused arrangements for their child, where possible, out of the Court setting. If parents/families are unable to reach agreement, and a Court application is made, the Programme encourages swift resolution of the dispute through the Courts.

It is recognised that negotiated agreements between adults generally enhance long term co-operation and are better for the child or children involved – parents who are separating are therefore strongly encouraged to attempt to resolve disputes concerning their child outside of the Court system. This may also be quicker and cheaper.

Furthermore, children and young people will be at the centre of all proceedings. The child or young person will feel that their needs, wishes and feelings have been considered in the Court process, ascertained, so far as is possible, in light of the child’s age, understanding and circumstances.

The major changes include:

1. Residence and Contact Orders have now been replaced by a Child Arrangements Order. These new Orders will specify who a child is to live with or spend time with and the times that they do so.

2. There is a presumption that the involvement of a parent in a child’s life will further the child’s welfare, so long as the parent can be involved in a way that does not put the child or other parent at risk of suffering harm.

3. There is to be one unified Family Court, in place of the existing venues provided by Magistrates Courts, County Courts and the High Courts. Family Courts will be presided over by Magistrates and Judges as before. When an application is presented to the Court, specially trained staff will allocate a case to whichever level of tribunal is considered appropriate. It is to be expected that there will be judicial continuity; that is to say, that there will be a designated Judge in charge of a particular case who will, as far as possible, personally be responsible for future hearings.

4. Before a case is accepted by the Court (unless specific exceptions are made), the applying party must have attended a Mediation Information and Assessment Meeting. It is only if such a meeting has not led to a successful Mediated agreement or if the Mediator certifies that Mediation is not considered to be an appropriate way forward, that the Court will allow an application to be made.

If you have concerns about any issue relating to Family Law, it is advisable to obtain legal advice as soon as possible. Please contact our Family team for further information and advice.