Family Justice Review

The legal framework of family justice in England and Wales is strong. Its principles are right, in particular the starting point that the welfare of children must be paramount. Every year 500,000 parents and children are involved in the system. But the system is under great strain: cases take far too long (the average case took 53 weeks in 2010); too many private law disputes end up in court; the system lacks coherence; there is growing mistrust leading to layers of checking and scrutiny; little mutual learning or feedback; a worrying lack of IT and management information. The Review's recommendations aim: to bring greater coherence through organisational change and better management; making the system more able to cope with current and future pressures; to reduce duplication of scrutiny to the appropriate level; and to divert more issues away from the courts. The chapters of the review cover: the current system; the proposed Family Justice Service; public law; private law; financial implications and implementation; and there are eighteen annexes. The proposals are now out for consultation, with the final report due in autumn 2011.

The Family Justice Review examines the effectiveness of the family justice system and the outcomes it delivers. The review covers both public and private law cases; explores if better use can be made of mediation and how best to support contact between children and non-resident parents or grandparents; examines the processes (but not the law) involved in granting divorces and awarding ancillary relief, and looks at how the different parts of the family justice system are organised and managed. The review is aiming to produce a system which allows families to reach easy, simple and efficient agreements which are in the best interests of children whilst protecting children and vulnerable adults from risk of harm. The agencies and professionals directly involved in the family justice system are all in scope for the Review. This final report takes into account views expressed during the consultation on the interim report and the call for evidence. It makes a number of recommendations to improve public and private law and looks at how the agencies within the family justice system could work together more effectively to improve the experience for children and families

For approaching two decades, family courts have been accused of making life changing decisions about children and who they live with made in secret, away from the scrutiny of the public gaze. Recognising the force of these accusations, senior family courts judges have, over that time, implemented a raft of rule changes, pilot projects and judicial guidance aimed at making the family justice more accountable and transparent. But has any progress been made? Are there still suspicions that family judges make irrevocable, unaccountable decisions in private hearings? And if so, are those suspicions justified and what can be done to dispel them? In this important and timely new book, Clifford Bellamy, a recently retired family judge who has been at the sharp end of family justice during all these changes, attempts to answer those questions and more. He has spoken to leading journalists, judges and academic researchers to find out what the obstacles to open reporting are – be they legal, economic or cultural - and interweaves their insights with informed analysis on how the laws regulating family court reporting operate. Along the way he provides a comprehensive review of the raft of initiatives he has seen come and go, summarises the position now and uses this experience to suggest how this fundamental aspect of our justice system could adapt in the face of this criticism. Every professional working in the family justice system – lawyers, social workers, court staff and judges - as well as those who job it is to report on legal affairs, should read this informative, nuanced exposition of what open justice means and why it matters so much to those whose lives are upended by the family justice system.

The Government accepts the overwhelming majority of the recommendations made in the final report of the Family Justice Review (2011, ISBN 9780108511158), and proposes a system with children's and families' needs at its heart. The proposed reforms will put practical measures in place to ensure children's voices are heard before and during the court process. A new Family Justice Board will be established in April 2012 and will take the detail of the recommendations forward. All measures will comply with the United Nations Convention on the Rights of the Child. Changes to public law are designed to tackle delay and put more focus on the child. Changes to private law will support families to reach their own agreements without needing to being their issues to the courts. Mediation and other support services will again be child-centred, and with a presumption of shared parenting where separation occurs. A new web and telephony service providing a single gateway to advice and guidance for separating parents will be commissioned in 2012 and operational in 2013. Divorce proceedings will be streamlined. Cafcass will move under the sponsorship of the Ministry of Justice. Those working in the family justice system need to change culture and practices if these reforms are to succeed, and judicial leadership is critical. Family courts must be as child-friendly as possible. Annexes cover detailed responses to the Review's recommendations, an update on developing the evidence base for family justice, impact assessments and key references and supporting documents.

Explaining complex family law concepts and procedures in a jargon-free style, this resource includes detailed information on how family court works, offers easily understandable case examples, and describes alternatives to litigation that are designed to help prevent families with children from entering the legal system to resolve disputes. Exploring subjects that apply to all parties involved in resolving separation, divorce, and custody conflictsjudges, lawyers, mediators, parenting coaches, psychologists, family counselors, and social workersthis reference demystifies the role of lawyers and judges, debunks the myth that parents can represent themselves in court, and examines each parents responsibility to ensure that post-separation conflicts are resolved with minimal emotional stress to children.

This book is about the delivery of family justice in England and Wales, focusing on the work of the family judiciary in the lower courts. The policy context is moving so rapidly that the authors have gone beyond presenting their empirical findings to offer a broader consideration of the nature and role of the family justice system, as these are in danger of being lost amid present reform proposals. The first four chapters are historical and comparative, examining assumptions about family justice and offering a defence of the role of legal rights in family life, and the importance of good policy-making balancing outcome- and behaviour-focused approaches to family justice. Comparative examples from the US and Australia show how new approaches to family justice can be successfully deployed. The next three chapters are empirical, including a typology of the roles played and tasks addressed by the judges, overturning the commonly held assumption that the central judicial role is adjudication, emphasising the extent to which judges integrate outcome- and behaviour-focused approaches to family justice, and giving a detailed account of the daily work of circuit and district judges and legal advisers. The conclusion is that there is a trend across jurisdictions, driven by technological innovation and by economic constraints, to reduce the role of courts and lawyers in favour of individual choices based on private or government-funded information sources. While these developments can be beneficial, they also have dangers and limitations. The final chapter argues that despite the move to privatised forms of dispute resolution, family justice still demands a sound judicial structure.

'BRILLIANT . . . I LOVE THIS BOOK' LEMN SISSAY 'A MUST-READ BOOK' JACQUELINE WILSON 'EXTRAORDINARY' OLIVER BULLOUGH 'EVERYONE SHOULD READ THIS BOOK' HILARY COTTAM Meet the mother whose children were taken away, and the father who fought for his son. Listen to the radical social worker, the judge, the lawyer. See inside the homes of foster carers, adoptive parents and children in care. Because behind closed doors, a scandal is ongoing. We now remove more children from their parents than ever before, more than any other western country. Not because of a rise in physical or sexual abuse, but because of complex factors that are overlooked and misunderstood. Children's Care is a system where fathers are ignored, and mothers are punished for experiencing abuse. Rife with prejudices about race, ableism and class, determined by a postcode lottery. Blind to poverty and its effects on family life. And, at its very worst, an exercise in social engineering that can never replace parental love. This is not a soft issue. Not a 'women and children' problem. It is a prism through which we can understand the deepest issues at play in politics, economics and society today, and it is happening behind closed doors. Because of legal restrictions against reporting in family courts, the uneasy work of social care and the shame poured on parents, these problems remain out of our sight. They are the subject of horror headlines or stale statistics. But family life is at the heart of who we are as people, and it is they who can help us understand. From North to South, rich and poor, Black and white, these are the people who know, first-hand, what is going wrong - and how we can fix it. These are their stories. 'IMPORTANT' IAN BIRRELL 'VITAL' HANNAH JANE PARKINSON 'ONE OF BRITAIN'S BEST JOURNALISTS WRITING ABOUT SOCIAL JUSTICE' MARIANA MAZZUCATO

Unfulfilled legal needs are at a tipping point in much of the Canadian justice system. The Justice Crisis assesses what is and isn’t working in efforts to strengthen a fundamental right of democratic citizenship: access to civil and family justice. Contributors to this wide-ranging overview of recent empirical research address key issues: the extent and cost of unmet legal needs; the role of public funding; connections between legal and social exclusion among vulnerable populations; the value of new legal pathways; the provision of justice services beyond the courts and lawyers; and the need for a culture change within the justice system.