Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Practical aspects to assessing competence in children
Rebecca Stevens, Partner, Royds Withy KingThis is an article regarding the practical aspects to assessing competence in children. The article explores a range of practicalities, such as meeting a...
Scrumping the crop of recent pension decisions
Rhys Taylor, 36 Family and 30 Park PlaceJonathan Galbraith, Mathieson Consulting2020 has thus far proved to be a memorable year for all the wrong reasons, but nonetheless it remains an interesting one...
Conduct in financial remedies – when is it now a relevant consideration?
Rachel Gillman, 1 GC/Family LawThis article provides an overview of all aspects of financial misconduct following the recent decision of Mostyn J in OG v AG [2020] EWFC 52, wherein all aspects of...
The treatment of RSUs/Stock Options in light of XW v XH
Peter Mitchell QC, 29 Bedford RowStock Options and Restricted Stock Units (RSUs) are frequently encountered by the Family Court when dividing property on divorce or dissolution of a Civil Partnership....
Hundreds of thousands of companies worldwide fall victims to hackers every year. Is your firm one of them?
SPONSORED CONTENT Image source: Information is beautifulYou and other lawyers and legal assistants in your firm likely have accounts on the hacked websites listed in the image above. If a hacker...
View all articles
Authors

Outsourcing Justice on Family Breakdown: A Road to Consent Orders

Sep 29, 2018, 21:08 PM
Slug : Barton-JulyFLJ2013-840
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Jun 21, 2013, 02:00 AM
Article ID : 102861

Chris Barton,

Emeritus Professor of Family Law, a Vice-President of the Family Mediators Association and Academic Door Tenant, Regent Chambers

and

Grenville Jay,

Barrister, Regent Chambers

The authors consider  religious and civil arbitration as particular routes to consent orders, and the weights that the court may attach to them. They first discuss the lessons to be learnt from the recent case of AI v MT  [2013] EWHC 100 (Fam), and from previous published comment upon it, together with some disparate views expressed about Jewish and Muslim approaches to the matter. The discussion then turns to  the civil route, with reference to the Institute of Family Arbitrators and the "Edgar" (Edgar v Edgar [1980] 3 All ER 887) criteria.

They  note the apparent lack of published research on the respective fates of these routes to consent order applications, and suggest that the arbitral tribunal, the rules applied and the cultural context in which it operates will all have relevance, as AI v MT demonstrates, and that the test is a difficult one. The position of agreements relating to children is entirely different from that of financial remedies. There is no tried and tested mechanism for obtaining the imprimatur of a court order, and the facts on which a child's welfare is to be judged are not as easily established and expressed.

The full version of this article appears in the July 2013 issue of Family Law.   

Categories :
  • Articles
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from