Recommendations Of The Family Law Justice Review
The Family Law Justice Review has been carried out by David Norgrove
, with recommendations to the government on ways to improve family law, in particular with regards to children.Key Recommendations
In his now published review, David Norgrove has said that where childrens futures are concerned cases should take no longer than six months. If this were the case it would mean a lot of cases being sorted out much quicker than they currently are.
Another key point is that families (and parents) should be enabled to, and assisted in, making their own decisions when a family breaks up. The objective here is for the courts to only be used when absolutely necessary, rather than just being a matter of course, as it currently is some of the time.
A third key recommendation is to overhaul the family justice system so that agencies and professionals work together in the hope of improving services for everyone.
What the Review Found
The review found that the current system is under huge strain, with the number of cases rising all the time. Cases are taking too long, which means the whole system gets clogged up with delays having a negative impact on children and their parents. It currently takes, on average, over a year for the outcome of a case where a childs future is being decided. This leads to children not knowing where they will live and there are currently around 200,000 children waiting for their futures to be decided.
The main aim of any changes would be for family law to be more effective and more efficient. Norgrove recommends that delays should be reduced so the processes quickens up, especially where children are concerned.
Reducing the Need for Court
When the courts have to be used in family law cases it generally takes a lot longer and can cause stress for all those involved. The review has stated that this could often be avoided. Parents should be given more information and educated more so they dont have to turn to the courts. There have already been moves planned to increase the use of mediation, where couples can discuss their situation and come up with an amicable solution that is good (or as good as possible) for everyone. Separating couples may soon be required to enter into mediation except for where abuse has taken place. The key, according to the review, is that the courts should only be used as a last resort.
Other Recommendations
Something that has been established as key is that agencies and professionals work together. It has also been recommended that more cases are heard by specialist family law judges to increase understanding and consistency. The court structure should also be simplified so that it is easier for people to deal with. And all in all, the system should be more child focussed.
Criticisms
The recommendations have been criticised in some quarters for not suggesting changes so that Fathers have, by default, equal rights to the custody of children. This has lead to newspaper stories claiming that it has ruled against Fathers having equal rights. This perspective is not accurate though, as this part of the law would not change should Norgroves suggestions be followed.
The key, according to Norgrove, is that the whole legal process in family law cases should be simplified and sped up to make it easier for everyone. Mediation should become more important with courts only used when absolutely necessary. The priority should be on parents agreeing on child care arrangements between themselves wherever possible.
Andrew Marshall (c)
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