The Family Court and Domestic abuse: achieving cultural change (LINK) 

Having reviewed the report, there are some positive features which we recognise, with reservations, such as the need for greater monitoring, data collection and analysis of domestic abuse within the court system.  However, this is far outweighed by the negatives.

By the report’s own admission, the evidence on which many of the recommendations are based is self-selecting and potentially biased, it views genuine concerns of alienating behaviours as no more than a mechanism to cover abuse and there is no recognition of the harm done to children from such behaviours and contact denial. 

There are many others, and we are drafting a fuller response to follow.

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New ‘Practice Direction’ on Non-Molestation Orders. LINK 

A hearing by a senior judge, that they are being abused, was reported in the last Newsletter.  

Perhaps as a result, the ‘President of the Family Division of the High Court’ – in plain English, the boss of the family courts, has issued a new ‘Practice Direction’. How NMOs should be handled. Lawyers and others with a stake in deploying tactics against the other side will not want to apply it. It restricts their moves. 

But if you are affected, read it. And if you are, or fear you may be a target, ensure it is applied. 

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We were one of the first branches to start our meetings online when Covid struck. Consequently, we have quite a few members we support from all over the country. Specially the areas where there are no branches. Our meetings, twice a month, usually have up to 20 or more attending. Our record is 36! We usually have a solicitor present to provide legal advice and where she is unable to attend one of our branch members who is completing his SQE and works as a McKenzie, can provide all the legal information most members need. 

With so many members to help we run a number of very active WhatsApp groups which have taken the strain off the branch committee. The branch members with the support of Ian Findlay, Greg Downing and John Varguese have developed an 8-week course called Surviving Separation – Putting children first. We run it three or four times a year and have great attendance. The certificate we provide at the end of the course has had positive comments from several judges. 

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Mandatory mediation - Family Solutions and Association of Lawyers for Children express concern (LINK)

Further concerns have been expressed about the governments suggestion that mediation should be mandatory in family courts. Many FNF members who have experienced the family court as a LIP are likely to say, “Lawyers would say that, wouldn’t they?”.

We generally advice our members to do the paperwork themselves and employ a barrister to do the hard bits in court should they need it. We give the help and support through our network of branches and online meetings. But surely there is room for mandatory mediation in child arrangements matters. It's not as if it is not become compulsory in other areas of law.

FSG concerns are that the proposals are simply to deter people from court. In our experience family court often results in a long, forced separation from your children.

FNF supports early intervention. We think an early triage, financial assistance, parenting courses and assisted mediation would all help parents put their children ahead of court. 

What do you think?

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