Explaining the recent family justice reforms

In an attempt to change the culture of the family courts in England and Wales, reforms for the modernisation of family justice will be introduced in two phases by the end of 2014. Mr Justice Ryder's report, which is available to read online, has been endorsed by the Lord Chief Justice.

The wide-ranging changes, which include compulsory mediation information sessions for separating couples and the introduction of a single family court, were extended nationally in April this year.

Justice Minister Simon Hughes has described the family justice reforms as a "hugely important change” to a "very dysfunctional system”.

So what exactly are the family justice reforms in England and Wales and how will they impact families?

The Single Family Court

Part of the family justice system reforms include a Single Family Court. The newly structured court system will be directly managed by the judiciary. Within the new structure all levels of judge and magistrate will be members of the same court. The President of the Family Division will lead the court and will be assisted by an implementation group. The group will project manage the modernisation programme.

This single family court replaces the three-tier system in family cases that is currently in place.

New time frames set

In 2011 a Family Justice Review was carried out which diagnosed the current family court system as a system characterised by mutual distrust and a lack of leadership. The critique found that excessive delays within the family court system were occurring. According to the review care and supervision cases were taking, on average, 56 weeks. The findings of the report concluded that because of the long delays vulnerable children were having their "futures undermined”.

A new 26-week timeframe will be implemented as part of the reforms. However, the 26 week deadline could in certain circumstances be extended in order to resolve a case justly. According to Clive Coleman, BBC legal correspondent, "The new 26-week time limit should mean speedier and better outcomes for vulnerable children.”

Mediation sessions

The new rules will also mean it is compulsory for separating couples to attend mediation information awareness session (MIAM) before any disputes over their children or finances are taken to court.

The abolition of certain labels

In order for the emphasis to be placed on the rights of the child instead of the parents, there will be an abolition of labels such as "contact” and "residence”.

Approval of the family justice reforms

The changes of the family justice system in England and Wales have even been described as being a "cultural revolution”. Sir James Munby, President of the Family Division, talked of the reforms being the biggest changes of the family justice system himself and his contemporaries will will in their professional lifetimes.

"Taken as a whole, these reforms amount to a revolution. There has been, indeed there had to be, a fundamental change in the cultures of the family courts. This is truly a cultural revolution,” Sir James Munby said.

The Justice Minister told the BBC he predicts the reforms will provide "security and certainty” and would prevent children from being "moved from pillar to post.”

Safeguarding concerns

Despite the fairly widespread approval of the reforms, the changes to the family court system have not been met without criticism. Concerns have been raised about the safety of vulnerable children when care proceedings are speeded up. Cathy Ashley, Family Rights Group chief executive voiced her concerns about such issues.

"There are some positive measures, but also some provisions will potentially work against children,” Cathy Ashley told Radio 4.

Ms Ashley also spoke of how the reforms may make it more difficult for children to be placed with their extended family as the proposals will also foster carers to adopt the children in their care.

The changes have also been criticised for potentially causing delays and making to more difficult for the public to gain access. The introduction of MIAMs have been condemned for being likely to create expense and delay and preventing a party form issuing proceedings where the other party refuses to cooperate.

What are your thoughts about the family justice system reforms in England and Wales? Do you think the reforms will help, as a Ministry of Justice spokesman said, "keep families away from the negative effects of battles or delays in court?” Or do you think the reforms likely to work against children and expose the to potentially more danger?

If you have any concerns or issues relating to family law, one of Tracey Miller's divorce experts can provide advice in many aspects of family law.