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
New complaints handling guide offers advice to local authorities
The Local Government and Social Care Ombudsman is today issuing new guidance on effective complaint handling for local authorities.Based on previous documents, the new guide offers practical,...
EU laws continue until at least 2038 and beyond
The UK left the EU on 31 January 2020.  But in matters of law it fully leaves on 31 December 2020.  But EU laws will continue to apply, and be applied, in the English family courts from 1...
Family Law Awards winners announced in virtual awards ceremony
The winners of the Family Law Awards 2020 were announced at 4pm during a much-anticipated virtual awards ceremony. Over the past ten years, the Family Law Awards has recognised the leading players in...
Behaviour-based divorces still merit close consideration
Some recent cases illustrate the evidential and procedural issues involved in dealing with proofs on the merits of divorce, which are worth considering even though most cases may conclude on a...
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

What Have Human Rights Done for Family Justice? - Family Law journal

Sep 29, 2018, 17:31 PM
Slug : fljmoylan010810
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Jul 30, 2010, 09:03 AM
Article ID : 91391

THE HON MR JUSTICE MOYLAN

This article is based on the keynote address to the Resolution Annual Conference 2010.

As Mr Justice Munby (as he then was) notably commented in Re L (Care: Assessment: Fair Trial) [2002] EWHC 1379 (Fam), [2002] 2 FLR 730, at para [150], since the abolition of capital punishment the powers exercised by the family courts are amongst the most drastic available to any court, including as they do the power to remove a child from their parents. However, all the powers exercisable and exercised daily by family courts have considerable significance because of their importance for family life and consequently for our society. The work the family courts undertake plays a central role in supporting and maintaining family life, usually at a time of crisis within the family.

There is no escaping the fact that whilst the volume and complexity of family cases is increasing, we are in financially straightened times. However, the importance of the work you undertake in and outside our courts demands that those areas of family justice which are publicly funded are given a proper share of the available resources so as to ensure that the system operates effectively to the benefit of those families who require legal assistance. It is a demand led service because most of those who require assistance are not there by choice but because circumstances have led them there. The system would not be able to operate without family lawyers. In particular, the pressure on family courts is already considerable but it would become even greater if we found more cases being dealt with by parties themselves. This is not to criticise those who appear in person, it is to acknowledge the simple fact that professional assistance aids the efficient administration of justice.

To read the rest of this article, see August [2010] Family Law journal (link for online subscribers who have logged in). To log on to Family Law journal Online or to request a free trial click here.

__________________________________________________________________

Family Law

Family Law is the leading practitioner journal, ensuring all family law professionals keep up with the latest developments and their impact on practice. Each issue contains the latest news of legislative change, authoritative case reports, invaluable articles and news items written and compiled by experts for the practising family law professional.

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