Latest articles
UK Immigration Rough Sleeper Rule
Aaron Gates-Lincoln, Immigration NewsThe UK government has recently introduced a controversial new set of rules that aim to make rough sleeping grounds for refusal or cancellation of a migrant’s...
Teaching Hospitals NHS Trust v DV (A Child) [2021] EWHC 1037 (Fam)
(Family Division, Cohen J, 19 April 2021)Medical Treatment – 17-year-old had form of bone cancer and required surgery For comprehensive, judicially approved coverage of every important...
Domestic Abuse Bill
Aaron Gates-Lincoln, Immigration NewsAfter years of development the Domestic Abuse Bill returned to the House of Lords in the UK on the 8th March 2021 to complete its report stage, one of the final...
Coercive control and children’s welfare in Re H-N and Others
When families come to strife, arrangements must be made for the future care of any children. In some circumstances, this means an application to the courts. These ‘private law orders’ can...
Profession: Expert Witness
The value of a family business or business interest is treated as an asset and therefore part of the matrimonial pot to be distributed when it comes to negotiating a financial settlement on divorce or...
View all articles
Authors

Family justice redefined? Family justice after reform

Sep 29, 2018, 21:48 PM
This paper looks at what Ryder LJ describes as the 'change programme' aimed at improving the family justice system both structurally and administratively.
Slug : family-justice-redefined-family-justice-after-reform
Meta Title : Family justice redefined? Family justice after reform
Meta Keywords : family law, reforms, change programme, Re B (Care Proceedings: Appeal) [2013] UKSC 33, private law proceedings
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Apr 10, 2014, 09:22 AM
Article ID : 105489

The Right Honourable Lord Justice Ryder:

This paper looks at what Ryder LJ describes as the 'change programme' aimed at improving the family justice system both structurally and administratively. It highlights the importance of proportionality, especially so when considering placing a child for adoption without the consent of the parents; and the recent Court of Appeal jurisprudence post Re B (Care Proceedings: Appeal) [2013] UKSC 33, [2013] 2 FLR 1075, reported at August [2013] Fam Law 946.

This paper also addresses the serious question of how to provide a fair hearing in a resource limited environment and the particular difficulties that judges face when dealing with private law proceedings when neither party is represented and there is no access to publically funded testing for parentage and drink and drugs safety issues.  The paper goes on to conclude that the time has come in private law proceedings to develop an inquisitorial process: one that is fair, proportionate to the issues but directed by the court to meet the needs of the litigants who use it. 

_________________________________________________

The full version of this article appears in the May 2014 Special Issue of Family Law.

The Special Issue contains papers from the recent Family Justice Council Interdisciplinary Conference - Family Justice Redefined? The Conference considered the changing nature of family justice following reforms, both those already in place and those that are anticipated, as well as access to justice in particular, making the Special Issue essential reading in the face of the forthcoming changes.

The Special Issue will be available to purchase as a ePDF. For more information please contact Ash Dickinson at 0117 918 1294.   

For all the information regarding the forthcoming family law reforms, visit our new, fully up-to-date Family Law Reform page with all the latest news, analysis, legislation and cases.   

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