header-logo header-logo

13 October 2021
Issue: 7952 / Categories: Legal News , Family , Divorce
printer mail-detail

Reforming child arrangement cases

The President of the Family Division has vowed to reform the system for dealing with child arrangement cases within the next three years

Speaking at the Jersey International Family Law Conference last week, Sir Andrew McFarlane, who is due to retire in three years, said courts were the wrong place for deciding child arrangement disputes between separating couples where there were no allegations of abuse or safeguarding issues. He highlighted a 2020 report by the Family Solutions Group, chaired by Helen Adams, entitled ‘What about me?’, which he aimed to use ‘as the blueprint for radical change and to do all that I can to press for its recommendations to be implemented’.

The report identified gaps in provision for separating parents and potential reforms. However, it does not propose any change in legislation and its recommendations are ‘essentially about communication’, Sir Andrew said. It recommends a shift in language away from that of legal disputes and towards that of supporting parents to resolve issues together. It calls for parents to attend ‘information assessment meetings’ at an early stage of their separation, at a ‘family hub’ or other non-court resource, where a family professional would conduct an early assessment and triage the family’s needs. 

Sir Andrew said: ‘Cases of straight forward relationship disfunction, not involving abuse or a need for protection, should not need to come before a magistrate or judge for resolution.

‘Indeed, because, for this group of cases, the issues concern matters of emotion and psychology, a court is most unlikely to be the best place to achieve any lasting resolution… the court process is not one that either adds value to the welfare of the child or is in any way beneficial for the parents. In some cases, it may simply provide a pitch and a referee for them to play out further rounds in their adult contest.’

Issue: 7952 / Categories: Legal News , Family , Divorce
printer mail-details

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll