FAMILY COURTS 

At the time of a pandemic family issues and child care issues don’t stop. In fact there are new issues that are troubling people. Examples are where, for example should a child stay when parents are divorced, applications by local authorities to take babies into care, domestic violence injunctions.

 Money is a common worry now and courts are being asked to vary maintenance orders as businesses suffer. People are still adopting children during the “ lockdown” period.

The work of the family courts is increasing in many areas.

Parishioners might worry about whether or not you can still get legal advice. Parishioners might worry about whether or not the courts will hear their case and grant them a remedy.

The situation is that family lawyers are still working.  There are many excellent family law solicitors working. It is also possible to seek advice directly from those  family law barristers who are available under a  direct public access scheme.You can be advised if you are eligible for legal aid.

There is an organisation named ADVOCATE which was formerly known as the Bar Pro Bono Unit which  assist for free in certain cases. 

The family courts are either hearing cases remotely or adjourning them. In many cases telephone and skype hearings are extremely helpful. New and better technology is being brought in so there will be the possibility of more cases being done remotely. Family proceedings are however very sensitive. Two main problems have been identified. 

The first is that not everyone is able to afford the technology to enable them to have access to the courts. Some people have very old phones or sometime no phone at all. Some people can’t afford computers or have disabilities that mean they cannot use technology or adequately participate. In other cases it is vital that people are seen by the Judge.

It is now clear that the courts will decide on a case by case basis which cases will be heard remotely and which won’t. Fairness to the parties is vital. Re P (A CHILD: REMOTE HEARING) [2020] EWFC 32 was a case which it was decided must be heard at court. 

This case concerns a young child and care proceedings. The hearing was to last for 15 days. 

The local authority urged the court to hear the matter by video link. The Judge disagreed and said 

“I do  not consider that a remote hearing for a final hearing of this sort would allow effective participation for the parent and effective engagement either by the parent with the court or, as I have indicated, the court with the parent. I also consider that there is a significant risk that the process as a whole would not be fair.’

There are ongoing developments in how the family courts are trying to deal with the caseloads.

Anyone who has any family law issue should be reassured that the courts are keeping open access to justice.

LESLEY MANLEY ( YOUNG)

L.Manley@churchcourtchambers.co.uk

CHURCHCOURT CHAMBERS

USEFUL LINKS

https://weareadvocate.org.uk/

https://www.nationaldahelpline.org.uk/ 

https://www.supportthroughcourt.org/  https://www.nuffieldfjo.org.uk/resource/remote-hearings-rapid-consultation