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
No fault divorce - the end of the blame game
The Divorce, Dissolution and Separation Act 2020, which passed into law on 25 June 2020, will introduce "no fault" divorce in England and Wales for the first time. This article looks at what it...
New Cafcass guidance on working with children during COVID-19
The Children and Family Court Advisory and Support Service (Cafcass) has published guidance on working with children during the coronavirus (COVID-19) pandemic. The guidance sets out arrangements for...
Remote hearings in family proceedings – how is justice perceived?
The motion for the recent Kingsley Napley debate:  “This House believes remote hearings are not remotely fair” was carried with a fairly balanced 56% in favour and 44% against....
Online event: An update on recovery in the civil, family courts & tribunals
HM Courts and Tribunals Service has announced that it is holding an online event to discuss its recovery plan for the civil, family courts and tribunals, which was published on 9 November 2020...
HM Courts & Tribunals Service confirms 2020 Christmas and new year closure dates
HM Courts & Tribunals Service (HMCTS) has confirmed the dates over the Christmas and new year period in which Crown Courts, magistrates’ courts,...
View all articles
Authors

Judicial independence and the restructuring of family courts and their support services [2012] CFLQ 333

Sep 29, 2018, 18:27 PM
Slug : JulieDoughty2012CFLQ333
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Sep 21, 2012, 04:25 AM
Article ID : 100365

Following the Family Justice Review and the government’s response to it, this article examines proposals for restructuring the family justice system with a new unified Family Court for England and Wales. The reforms raise questions about the principle of judicial independence and separation of powers in the operation of the new court. First, the proposals envisage a stronger leadership role for the judiciary in order to fulfil the aim of reducing current long delays in cases deciding children’s future care. This role will require the judiciary to head teams reliant on multidisciplinary work between themselves, court staff, welfare support services and mediators. Policies to remove legal aid and divert many more parents to mediation mean that mediators’ current functions will soon be extended. We argue that all these support services should therefore be recognised as associated with the judicial function. Secondly, the reforms are to be implemented through a new system headed by a Family Justice Board, although the court service and the judiciary are already operating a Family Business Authority and have produced proposals for the modernisation of family justice. There is therefore potential for confusion as to the remit of these bodies and the extent to which responsibility for family justice lies with the executive or judiciary. This will need to be clarified if the Family Court is to operate effectively.

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