In an exclusive series David Burrows puts the new family court under scrutiny & assesses its ability to deliver justice
The 70 years since the end of World War 2 have seen the rate of family breakdown—or the liberalisation of family relationships—increase dramatically; and yet England and Wales have a court structure designed still to deal, mostly, with the trickle of divorces which the courts saw in 1859. That underlying position—a court structure derived from 1859—will not alter with the proposed new family court. That court is due to come into operation towards the end of April.
The administrative reform (seen from a Ministry of Justice perspective) is defined—some might say a little ignominiously—by Sch 10 to Crime and Courts Act 2013, which adds ss 31B–31P to the Matrimonial and Family Proceedings Act 1984. No legislation (properly so called: Guidance has been issued) subsidiary to those sections has been made. That said, all is not entirely quiet on the administration front: a variety of guidance and direction has been issued and “mandatory” draft orders have been proposed by Sir James Munby President of the
