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02 June 2023 / Caroline Bowden
Issue: 8027 / Categories: Features , Family , Divorce , Child law , Mediation , ADR
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Family law: the court of last resort

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For many participants in a family dispute, almost any alternative is better than ending up in court. Caroline Bowden hopes the government will succeed in getting this message across
  • The government is consulting on the earlier resolution of private family law arrangements, and is expected to stress the importance of seeking agreement outside of the courts.
  • Any moves towards non-court dispute resolution in family matters are to be welcomed, although much will depend on the details of how the system will be rolled out and embedded in practice.

The author is cautiously optimistic about a government consultation on plans to radically alter the pathway for couples experiencing separation. The Ministry of Justice is hoping for a culture change, shifting people from looking at court as the inevitable destination, when there is conflict over the arrangements for children, finances or housing. Instead, it wants court to be the last resort, to be used only for those who need it and when the possibility of any other suitable option has been exhausted.

An adversarial approach

There

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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