Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'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
Perspectives on civil partnerships and marriages in England and Wales: aspects, attitudes and assessments
IntroductionThis article considers the developments since the turn of the century in the provision of new options for same sex and opposite sex couples to formalise their unions with full legal...
Family Law journal - take the survey and you could win £50 worth of vouchers
Do you subscribe to Family Law journal?Our aim is to provide all subscribers of Family Law with compelling, insightful and helpful content that you enjoy reading and find useful in your...
Commencement date of 6 April 2022 announced for the Divorce, Dissolution and Separation Act 2020
The Ministry of Justice has announced that the Divorce, Dissolution and Separation Act 2020 (DDSA 2020), which received Royal Assent on 25 June 2020, will now have a commencement date of 6 April 2022....
HMCTS blog highlights the use of video hearing due to COVID-19
HM Courts & Tribunals Service has published a blog detailing the impacts of coronavirus (COVID-19) on hearings. Pre-pandemic, HMCTS states that the use of video technology for live participation...
Will future earnings ever be shared after divorce?
Almost all clients want their finances to be resolved without ongoing financial connections so they can each go their separate ways without continuing financial ties i.e., they want to have a...
View all articles
Authors

Private Law Working Group devises new Child Arrangements Programme

Sep 29, 2018, 18:52 PM
The Private Law Working Group, which was set up by the President of the Family Division in August 2013 under the chairmanship of Mr Justice Cobb, has now reported. Its Report recommends the replacement of the Private Law Programme with an entirely new Chi
Slug : Private-Law-Working-Group-new-Child-Arrangements-131113-859
Meta Title : Private Law Working Group devises new Child Arrangements Programme
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Nov 13, 2013, 01:30 AM
Article ID : 104023

The Private Law Working Group, which was set up by the President of the Family Division in August 2013 under the chairmanship of Mr Justice Cobb, has now reported. Its Report recommends the replacement of the Private Law Programme with an entirely new Child Arrangements Programme. The Working Group has prepared further draft documents and also approved an expectation document prepared by Cafcass.

The Report (available to download below) explains that the Private Law Working Group has sought to devise a programme which:

'(a) Places a greater emphasis on mediation and out-of-court dispute resolution services for resolving low risk disputes concerning children;

(b) Identifies key resources for litigants to access such services currently;

(c) Re-inforces the (likely) imperative for most Applicants to attend a MIAM (Clause 10 of the Children & Families Bill 2013) before issuing an application for a court order;

(d) Preserves and builds on the aspects of the existing private law procedure which are believed to work well;

(e) Adapts the arrangements for resolution of private law cases to fit the new model for family justice in The Family Court;

(f) Aims to ensure that private law cases are allocated to the right tier of judge;

(g) Meets the needs of a system populated by a high number of Litigants in Person ("LiPs").'

Explaining the methodology and principles utilised by the Private Law Working Group, the Report states:

'In guiding our deliberations we have conscientiously prioritised the key principles underpinning the determination of all private law children disputes, whether in or out of court, namely that:

(a) the child's welfare is the paramount consideration;

(b) delay is likely to be prejudicial to the welfare of the child, and

(c) a court order should only be made if it positively promotes the best interests of the child.'

The Report also sets out the context and general objective of the Child Arrangements Programme within private law children disputes:

'The "Child Arrangements Programme" ("CAP") integrates the existing Pre-Proceedings Protocol (PD3A FPR 2010) (insofar as it applies to private law children disputes), and the Private Law Programme (PD12B FPR 2010). The objective is to set out a supportive, clear, process for private law cases. We considered it important to give greater profile to the pre-proceedings phase; it is well-recognised that pre-proceedings work with families is crucial if the reforms to the family justice system are to succeed in achieving optimal outcomes for children in a way which respects their and their families' human rights. This is as true in private as it is in public law.'

All draft documents are available in the Practice Guidance section of Newswatch. The Report and Child Arrangements Programme will be published in full in the December issue of Family Law.

The President would welcome and value all comments from anyone with an involvement or interest in the family justice system on these proposals. Comments should be sent to Nicola Massally (Nicola.massally@judiciary.gsi.gov.uk.) and Joanna Wilkinson (Joanna.wilkinson@judiciary.gsi.gov.uk)

Comments on the draft Guidance on Allocation and Gatekeeping should be sent by 2 December 2013 and on everything else by 6 January 2014 at the latest.

The draft Guidance is available to download here.

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