Turning over a new leaf for families and the justice system

Family lawyers are used
to major changes. The Children Act 1989 introduced a wholly different approach to how the courts dealt with cases relating to
the arrangements for children and the Family Law Act 1996 provided an update on domestic violence.

There were also significant statutory changes, which Part II of the Family Law Act 1996 intended to introduce, in overhauling the divorce process, and more recently, the Family Procedure Rules 2010, which replaced the Family Proceedings Rules, introduced concepts that civil practitioners had been dealing with for a number
of years.

Last month marked huge changes to the way in which family law is administered by
the courts, and how practitioners work. We are all getting used to the fact that we no longer have county courts but instead the family court sitting at (wherever).

Various court forms have changed, and it seems strange that we no longer have to file a statement of arrangements for children form when we issue a divorce petition.

It is very early days in terms
of seeing how, in practice, the new family court structure is going to be administered.

Mediation sessions

Perhaps the most notable change is the way in which cases relating to arrangements for children will be dealt with.
After a previous failed attempt
to encourage parents to attend mediation information and assessment meetings (MIAMs),
it is now mandatory for parents to attend a MIAMs meeting before making an application
to the court, except in very limited circumstances.

Legal aid is still available
for mediation in family cases. However, for individuals who
do not qualify but have extremely limited financial resources, paying for a MIAMs meeting before they can make an application to the court
could be a disincentive to
make an application.

Further, since the Children
Act 1989 was brought into force, family practitioners are used to dealing with residence and contact orders in private
law proceedings.

From 22 April 2014, the courts must make child arrangements orders, which set out the arrangements relating to with whom a child is to live, spend time or otherwise have contact; and when a child is to live, spend time or otherwise have contact with any other person.

Since the Children Act
1989, case law has developed
in terms of what contact and/or residence orders were made. Initially, it was extremely unusual for the court to make
a shared residence order.

Over time, however, courts have become more and more receptive to making these orders but defining how much time
the child(ren) spends with
each parent.

Positive step

Unfortunately, certain details
of the new regime were not published until early April. Family practitioners are therefore still grappling with
the changes to the system.

The vast majority of family practitioners would agree that requiring individuals to attend
a MIAMs before making an application to the court is a positive step.

For couples to be able to agree matters following a relationship breakdown without becoming involved in court proceedings can only enhance their ongoing relationship as co-parents.

However, if they become involved in court proceedings,
it is unclear how the centralised administration of the family court and the single point of entry/allocation of children cases is going to work in practice.

You can no longer say to a client that their application is going to be issued in a particular county court. Rather, it is sent to the gateway court for that area, and the gatekeeper district judge allocates it to a physical court,
in accordance with the new guidance, which has been issued.

So, the new regime has the potential to remedy some of
the many problems with the previous family justice system, which have been identified and discussed over the years. SJ

Joanna Pratt is a partner and head of family at Thomson Snell & Passmore