We explore how the system is coping and developing.
The President of the Family Division, Sir Andrew McFarlane PC, has published the Family Court's first Annual Report.
It is heartening reading when considered against a backdrop where we know that the Family Court, and court system generally, is struggling, as are its users, both professional and those acting in person. They are struggling with demand, delay, and insufficient resourcing – with the subsequent physical and mental health toll arising as a result.
What are the key takeaways?
1. Encouragement of non-court dispute resolution (NCDR)
Rule changes introduced earlier this year make it mandatory for the court to be advised of steps taken to consider non-court routes – see Important changes to the Family Procedure Rules | LinkedIn.
The perception that out of court methods of dispute resolution are reserved for those with the more straightforward cases or who still ‘get on’ is outdated.
Even the most complex and difficult cases can make progress, narrow issues, and reach resolution out of court. These avenues must be fully explored to enable the court system to manage those cases that can only be resolved by a judge and allow other cases to be resolved in an alternative environment if appropriate.
This does not have to lead to a ‘two- tier’ system – for those who can afford non-court resolution and those who can’t.
For more information see:
non-court-and-alternative-dispute-resolution-adr-options-for-separated-couples
Resolving a family law dispute - what are the options, when and why - YouTube
Mediation in complex child arrangements including relocation cases | Weightmans
2. Targeted training for judges and magistrates on domestic abuse
As awareness grows, practice is evolving quickly - not just with training for the judiciary which of course is very welcome.
From pilot court schemes trialling Domestic Abuse Protection Orders (DAPOs) and evolving police practice, to family case law and guidance dealing with controlling and coercive behaviour expanding, practitioners and other organisations such as CAFCASS are becoming more equipped to support and protect victims of domestic abuse.
For more information see:
New measures to combat violence against women and girls | Weightmans
Narcissism, Abuse and Coercive Control – what is it and what do I need to know - YouTube
What constitutes conduct in financial remedy proceedings? | Weightmans
Resolution, the family law network, have also undertaken some valuable research.
Domestic Abuse in Financial Remedy Proceedings | Resolution
3. The transparency/ reporting pilot is due to be extended to all courts in early 2025.
The Transparency Pilot was launched in some family courts during 2023. It allows ‘pilot reporters’, including accredited journalists and legal bloggers, to report on cases heard in the family court, subject to strict rules of anonymity.
The aim is to help people understand the system and the law better. That has to be a good thing.
4. The number of issued Private Children Cases has fallen and over 86% of Financial Remedy cases are resolved without the need for a contested final hearing.
It is hoped that the number of cases needing resolution through the court system will continue to fall.
A new pilot scheme for lower value financial cases is also in the pipeline to streamline outcomes and reduce delay and cost for participants.
5. Divorce application rates peaked in 2022 with the introduction of no- fault divorce.
Divorce and dissolution of civil partnership applications have fallen by approx. 10%.
6. Working groups are exploring other essential issues including:
- Supporting parties with suicidal thoughts
- Guidance on responding to alienating behaviours
- Neurodiversity guidance for practitioners
- The Voice of the Child
In summary, the Family Court’s desire to move towards greater transparency is welcomed, as are the issues that are being explored in more depth.
No doubt family law practitioners and those families involved in a legal dispute will welcome the report for what it is seeking to achieve. Although there is much more to be done, and those at the coal face today may not immediately benefit, we appear to be moving forward and in the right direction.
If there is anything you want to discuss or if you require any further assistance relating to the issues raised, please contact our family law team.
