insideKENT Magazine Issue 30 - September 2014 | Page 165

LAW

WHAT’S
HAPPENING WITH
FAMILY LAW?
Alex Davies

The law relating to divorce and
family issues can be confusing.
This month, Alex Davies and Claire
Tollefson, family lawyers at Cripps,
answer your questions about
recent changes that may impact
on couples, parents and children.
Claire Tollefson

There’s been a lot in the press recently about important reforms in
family law that came into effect in April. What’s happening?
The court system has struggled to cope with an increase in divorce cases
and disputes concerning children. The main aim of the changes has been
to try to enable it to deal with its increased workload more efficiently and
to divert as many cases as possible away from the courts, to be dealt with
in other ways.
How will the courts be more efficient?
Probably the highest profile change is the creation of the single Family
Court. Until now, most cases concerning divorce and disputes over children
have been dealt with in the County Court. The Magistrates’ Courts have
also been able to deal with some cases, but this has resulted in different
procedures between the different courts and inconsistencies in judges’
decisions. Therefore, the Government has created a single Family Court,
which will in future do the job of the old Family Proceedings Court within
the Magistrates Court, the County Court and the High Court, in relation to
family disputes.
What about changes to mediation in divorce?
The main change is to strengthen the requirement for people to try out
mediation before they ask a court to decide on issues, such as their financial
settlement following divorce or arrangements for a child after separation.
It's not expected that those who are the victims of domestic violence should
attempt to mediate, and this exception to the requirement to try mediation
is in place, among others. Additionally, even if court proceedings are under
way, the judge is required to consider at each stage of the case whether
mediation or another form of non-court dispute resolution is appropriate;
and if so, direct that the proceedings be put on hold for a period of time
to allow mediation to take place.
What difference will that make?
The Government thinks there are far too many cases going through the
court, which apart from costing families a fortune in legal fees, are causing
delays in a court system that is becoming clogged up by cases demanding
judicial time. It has also changed the terminology and instead of referring
to mediation, collaborative law or arbitration as ‘alternative’ forms of dispute
resolution, the process will now be referred to as ‘non-court dispute
resolution’. The aim is that more people will be persuaded to try mediation
before going to court.

Is that the only change in terminology being brought in?
No. An Order for Residence and Contact will now be known as a Child
Arrangements Order, which will set out arran