Family law changes in 2023

[Ash]

This article includes some interesting info about possible changes in family law in 2023. "Family Law" includes divorce as well as Child Arrangements. Some thing sound ok - some not so great.

A positive is the Bill of Rights

"The Bill will continue to give effect to the same rights and freedoms drawn from the European Convention on Human Rights, including the right to respect for private and family life, which is often invoked in family law proceedings."

Except it's a bit vague about what it actually covers

"However, the Bill will change the way in which those rights are interpreted"

For Child Arrangements it says something I find really annoying - it refers to separated parents as a "couple" - and that is the problem with this approach - encouraging parents to sort things out when one of them is a hostile hating person who would do anything to get their own way. And people are no longer a couple but separated parents. Also the bit about a greater emphasis on the wishes of the child. Can it be any greater? That could be concerning unless they do more training on coaching and parental alienation.

"The changes include a greater emphasis upon helping couples resolve their disputes out of court; a more investigative approach by the courts, rather than the current adversarial approach which often exacerbates animosity between the parties; a greater emphasis upon the wishes of the child concerned"

There are also bits about financial claims after death of the respondent and calls to make pre-nuptial agreements binding (also vague).

What to expect in the world of family law in 2023 - Ian Walker

It is impossible to predict what will be the big stories in the world of family law in future, but here's what to expect in the world of family law in 2023.

familylawandmediation.co.uk

 

[Peanut 21]

The trouble is, they say try to resolve out of court but it's a huge money making machine. There's no way solicitors/barristers would actively encourage being reasonable.
Also easy to say but as soon as one side makes DV allegations mediation is skipped.

 

[Ash]

I know. Solicitors and barristers are like two sides of a coin. On the one hand they will negotiate to reach deals. On the other hand they will do the opposite in court to win the case. They are doing what courts expect them to do - try to get the parents to reach agreement for a consent order - if not - do the adversarial thing.

It's frustrating they keep focusing on "the couple" reaching agreement. When they're no longer a couple! It shows a complete lack of understanding of what the real issues are. However after Hobnob posted about the pilot scheme in his area, it looks like they are insisting on negotiated consent orders. In some ways that means parents have to try to reach agreement at court if they're being denied a final hearing and cross examination.

The bill of rights thing is interesting. It sounds positive, but the vagueness is concerning. Is it a watered down version of the EC convention of human rights? I want to find out more. As if it can be cited in cases to support your case that could be useful. The right to family life.

Although I think a court would always say the welfare of the child overrules that. But in some cases - if no welfare issues and just disagreements over time - it could be useful.

 

[blindex]

I do follow a lot the work of the Family Need Fathers charity and attend some of their events. They had a recent one with the CEO of Cafcass and the Andrew McFarlane the President of the Family Division.
They are two incompetent tossers, but change is on the way.
There was an interview by Andrew McFarlane back in July last year hinting of the changes to come

Broadcasting House Highlights - Top Judge Sir Andrew McFarlane: One fifth of divorces wrongly ending up in court - BBC Sounds

Too many divorce cases are going to court and the language used there is too hostile.

www.bbc.co.uk

Some of these changes have been made public. For the first time journalist will be able to report on family court and have full access to the same documentation the judge has. It is still a pilot though

Media get the go-ahead to report family proceedings

It's a 'brave new world' for family justice system, Mrs Justice Lieven says.

www.lawgazette.co.uk

The gist is that the courts are unable to cope with the volume of domestic abuse allegations and the whole process isn't working. I'm cautiously optimistic, I don't think it can't get any worse than already is.