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
Re R (Children) (Control of Court Documents) [2021] EWCA Civ 162
(Court of Appeal (Civil Division), King, Peter Jackson, Elisabeth Laing LJJ, 12 February 2021)Practice and Procedure – Disclosure of court documents – Sexual abuse findings –...
AG v VD [2021] EWFC 9
(Family Court, Cohen J, 04 February 2021) Financial Remedies – Matrimonial and Family Proceedings Act 1984, Part III – Russian divorceThe wife was awarded just under £6m...
Become the new General Editor of The Family Court Practice, the definitive word on family law and procedure
The Family Court Practice (‘The Red Book’) is widely acknowledged as the leading court reference work for all family practitioners and the judiciary. We are currently recruiting a...
SCTS releases new simplified divorce and dissolution forms for Scotland
The Scottish Courts and Tribunals Service (SCTS) has released new simplified divorce and dissolution forms of application. As a result of legislation repealing Council Regulation EC 2201/2003, the...
Welsh Government launches consultation on amendments to adoption regulations
The Welsh Government has launched a consultation on the proposed amendments to the Adoption Agencies (Wales) Regulations 2005 and the Care Planning, Placement and Case Review (Wales) Regulations 2015....
View all articles
Authors

Reforming and modernising the family courts

Dec 3, 2018, 17:15 PM
Slug : reforming-and-modernising-the-family-courts
Meta Title : Reforming and modernising the family courts
Meta Keywords : Reforming and modernising the family courts
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Nov 12, 2018, 20:44 PM
Article ID : 117494
Including experts in cases involving children and modernising the family courts are the key themes of a recent speech delivered by Lord Justice McFarlane, the judge responsible for the family justice system throughout England and Wales. Reforms such as introducing paperless hearings and virtual courts are among those hoped to progress family law in the near future.

Experts in cases relating to children

McFarlane explains that legal professionals, even those specialising in family courts, are not professionally qualified to ‘assess and advise upon matters of child development, children’s emotional well-being and, more generally, matters regarding a child’s welfare’.

Judges rely mainly on common sense and common knowledge in their decision-making, and ‘cases involving the welfare of children almost always require the input of a professional expert other than a lawyer or judge’, McFarlane continues.

Therefore, he says, it is a serious problem that courts are experience more and more difficulty finding experts who are prepared to take on instruction in a family case. Improving case-management and timetabling is less likely to disrupt experts’ plans and encourage them to participate in court hearings.

Paperless court proceedings

In a bid to improve efficiency and reliability, tribunals and family courts across the country will be moving to use digital bundles for court information, rather than the previous ring-binders. Mcfarlane suggests such a system will benefit experts:

‘For the expert the receipt of all the documents in the case in a WinZip file, rather than by DHL, and the ability to carry all of this material on a laptop, would seem to be a very clear advantage.’

Virtual courts

Macfarlane welcomes the move to virtual courts as ‘an efficient, effective and economic way of conducting court business’, so long as the equipment is reliable and sufficiently sophisticated for the job.

Source: Speech: Lord Justice McFarlane—Bond Solon Experts Conference 2018

Categories :
  • News
Tags :
  • Family
  • Family court
UK_fingerprint
Authors
Provider : LexisNexis
Product Bucket :
Related Articles
Load more comments
Comment by from