Single-Tier Court System And Other Measures Implemented
New reforms described as a “significant moment” for the Family Justice system have been introduced from today (April 22nd).
The changes have led to the creation of a single Family Court and the implementation of most of the family justice provisions included in the Children and Families Act, with the reforms emerging following the Family Justice Review chaired by David Norgrove in 2011.
According to the Government, the new single system and network of single application points will make it easier for the public to navigate, while a 26-week time limit for care proceedings to reduce delays in such cases has been introduced.
New child arrangement orders have been launched to encourage parents to focus on the needs of children affected by separation, while compulsory family mediation information meetings have also been introduced.
Simon Hughes, Family Justice Minister, said the reforms were designed to keep “families away from negative effects of battles or delays in court and make sure that when cases do go to court they happen in the least damaging way”.
He added: “These reforms mark a significant moment for the family justice system, when the proposals made by the Family Justice Review are delivered.”
Expert Opinion
The changes introduced today are very positive and have to be welcomed, particularly as they put the interests of children first and are designed to encourage parents to focus on child-centric solutions. <br/> <br/>"The key aspiration of the single-tier court system is for cases to be allocated to the appropriate judge to streamline the process, and, it is hoped, reduce delays in general. It is an unfortunate truth that it can take months for a court application to be handled and any measures aimed at reducing the stress that families face is an important step. <br/> <br/>"The introduction of compulsory meetings related to mediation is welcome, although it should be highlighted that such an approach to separation is already widely used and promoted – not only for parents, but for couples who are separating/divorcing and finalising the division of financial assets. <br/> <br/>"However, it is worth remembering that other ways to finalise a separation are also available, such as collaborative law and arbitration. There are many potential approaches to finalising a separation, as of course there is no one-size-fits-all approach. The only way couples can understand and assess which process is most suited to their situation is to seek specialist legal advice at the earliest stage. <br/> <br/>"Ultimately, there is much to be positive about regarding these reforms, but there remains much more to be considered too – such as the introduction of no-fault divorce or other measures to look to reduce the scope of acrimony in family proceedings."