Midland Circuit Launch for Private Law
East Midlands Courts have implemented a new management system in private law matters. Timms Managing Partner, Fiona Moffat discusses in her most recent blog…
The family court system was changed dramatically with the introduction of the Children Act in 1989 which was finally implemented fully in October 1991. The fundamental change was the concept that orders should only be made if the order would befit the child who was the subject of that order. The court was tasked with making a timetable for the case with a view to avoiding delay and controlling the evidence filed and the timing of that evidence.
It has always been difficult for the court service to assess and predict the number of cases coming into the court arena when applications are made by parents in respect of their children. It was initially thought that cases could conclude within 12 weeks with an initial hearing after 28 days but very quickly that time frame stretched.
Mediation was encouraged as a method of avoiding the court process and the entrenchment of views which can be an unfortunate feature of any litigation. Helping parents to reach an agreement through mediation can be a very successful and empowering route to a final agreement without involving the court.
In recent years and during the impact of Covid-19, many cases languished and took months to reach a resolution due to unavoidable pressure on the court system. The withdrawal in almost all cases has also added to the delay; in 2023 the statistics showed that on average a case took 47 weeks to conclude.
Midland Circuit
The East Midland Court have launched a new case management system to support the private law cases and to provide better outcomes for the children involved in these cases. The cases will have a robust view from Cafcass in the early stages of the case giving a clear steer as to how cases can be resolved. The judiciary will take more active control in cases and will sift those cases more suitable for Alternative Dispute Resolution. A new website will be available for parents seeking advice and guidance and although it has not yet gone live it will have much to offer for parents in conflict over their children.
The wishes and feelings of children over the age of 12 will be ascertained and will form part of decision making and the aim is to conclude cases in a 25 week timetable. Where there is a significant evidential dispute and a finding of fact is needed the case aim to conclude in 40 weeks.
We are awaiting the firm guidance but this is a definitely a step in the right direction and embraces the thinking behind the Children Act in 1989 up to the present day. The delay causes anxiety and distress for families and those of us who practice in this area welcome this initiative.
To find out more visit Midland Circuit – Home.
April 2024