Family law reform should be handled with care advises David Burrows
Sarah Whitten commented on the Family Justice Review (2011) (FJR), and on the government response (“A job for life”, NLJ, 17 February 2012, p 237). She urged swift response. Yes, but the review must be seen in a much wider context, of procedural and legal aid reform to the whole spectrum of family proceedings. Rushed through, they risk being a politician’s part answer, which often means bad law-making. A little time taken—a few months only—can yield a more effective system. A number of questions, not addressed in the report (especially concerning family proceedings other than children proceedings) need to be answered; and the inquisitorial-adversarial debate is not touched, as far as I can see.
Defining terms
First, it is important to define terms. “Family proceedings” generally means proceedings assigned to the Family Division. Most family lawyers would see “family law” as covering any case which arises on family breakdown (married and unmarried families) and where a local authority becomes involved in the family (care proceedings). In the context of the
