What the new Single Family Court Will Mean for Families and Children

The Family Law Review of 2011 by Sir David Norgrove identified a range of problems with the current state of Family Law, addressing many issues which have been highlighted by solicitors in Suffolk and across the UK. It suggested setting up a new Single Family Court as a response and a solution to the identified problems, to make the whole system run in a more streamlined way and avoid delays, which can have a damaging effect on children in particular. This new court is in the process of being set up now and is due to begin work the end of April 2014.

As family solicitors in Suffolk, we at Barker Gotelee already promote a co-operative approach and work to take as much stress as possible out of separation, divorce and other legal proceedings involving parents and children. Here we take a look at the new court system and what it will mean for you.

Family Law Justice – The Need for Change

There are a number of difficulties with the existing system, which led to Sir David's review being launched. One of the most damaging is a 'culture of delay', which adds to the strain on families, especially children, as they are left for long periods not knowing what the final arrangements will be and having to make do with temporary arrangements which may be less than satisfactory.

Related to this is a failure to listen to the voice of the child. There is a perception that children's views are not being adequately taken into account, and young people are not being given enough or appropriate guidance when directly involved in proceedings.

Another problem with current family law is that the way proceedings are constructed is adversarial. This is because they are currently based on the type of framework, involving opposing arguments, which is traditionally employed for other types of legal case. This element of conflict has been identified as damaging for many family law cases, where the interests of children are often best met through co-operation and finding workable arrangements, rather than just by "winning” or “losing” cases.

The New Family Court

One main aim of the new system is to “replace and simplify existing arrangements”, with the introduction of a Single Family Court in place of the various family law-related bodies which operate at the moment. These include the Family Proceedings Court as well as local county courts and the High Court, and it can cause confusion all round when a case has to go through various tiers, as well as adding to the expense of the whole process.

The Government is hoping that introducing a single court will cut down on delays – which leave families in limbo and uncertainty, and can lead to emotional as well as financial distress for both parents and children. Much of the set-up of the new court addresses case management and puts in place various systems aimed at making the progression of cases smoother and faster. This includes making sure that cases are allocated to the most suitable level of judges, or lay magistrates, at the outset, so that there is no need for them to be sent to a different bench or judge for a subsequent hearing.

Another aim is to "improve outcomes for children". This means that the way cases are managed and the timetable over which they take place will be set by reference to "good practice" and especially based on the needs of the child. Again, the focus is on making timely decisions, without cases dragging on for unnecessary months or years due to technical legal arguments. The new court system is intended to promote a new culture that is more appropriate for Family Law cases, addressing the adversarial issue and making the whole process more co-operative.

The intention is to provide a more co-ordinated and efficient process, with a network of local Family Court Centres, which will be based around care centres instead of the two being separate. Each centre will usually include “hub courts”, together with other satellite venues to give families local access without the need for unnecessary travelling. The various support functions and admin will be brought together in the hub courts, helping to simplify and streamline the process.

The Children and Families Bill 2014

This bill isexpected to receive Royal Assent in Easter 2014. A key goal is to "limit care cases to 26 weeks" for the majority of cases. However, there are also a number of other measures proposed, including: speeding the adoption process, transforming the system of support for young people with special educational needs, and making changes to arrangements for parental leave.

The new Single Family Court set up has been arranged with this bill in mind, to help deliver the new measures in a way which will work better for both parents and children. The main idea of all the changes is to ensure that the legal system works in a more co-operative and family friendly way.

As experienced family solicitors, Ipswich-based Barker Gotelee are looking forward to the new system, which will promise a legal process more attuned to the needs of families.

About Barker Gotelee

We are a long-established firm of solicitors in Suffolk, with a family law department which provides sensitive and expert advice. Based in Ipswich, we serve both private and commercial clients across East Anglia.

Family Law Solicitors Suffolk – If you are looking for a solicitor based locally in East Anglia, click here to find out more about our services.