Guest legal article from Trinity Chambers’ Daniel Proctor
In the first of our guest blogs we examine some guidance about the family courts issued by the President of the Family Division and how the family courts will deal with the disruption caused by the pandemic.
This blog is kindly provided to us by Daniel Proctor, a Pupil Barrister at Trinity Chambers in Chelmsford. E J Coombs Solicitors and Trinity Chambers have a long established working relationship and have successfully worked together in numerous family court appearances.
Daniel Proctor
Lockdown Procedure – Covid and the Family Courts
There is no doubt that Covid-19 has exacerbated the already extreme pressures on the family justice system. With the second lockdown now underway it seems appropriate to re-consider how the family justice system has reacted to the pandemic and whether these changes will continue to significantly impact private family law proceedings in the immediate future.
In his guidance published in March (Look here) the President of the Family Division, Sir Andrew McFarlane, provided a list of categories of hearing that were suitable to be heard remotely. In private children disputes this included FHDRAs, DRAs and simple short contested cases. In matrimonial finance disputes, the default position is that cases should be dealt with via skype or CVP and that physical hearings should only take place where absolutely necessary.
Although parties were already being encouraged to settle their disputes outside of court, the guidance stated that it is ‘all the more important’ that parties have express regard to methods of alternative dispute resolution. One particular example provided is that parties in financial remedy cases should be encouraged to arrange remote private FDRs with a highly qualified barrister or solicitor being appointed to act as a judge.
In addition to the guidance, however, there have also been a number of temporary modifications to the Family Procedure Rules 2010 by Practice Direction 36R. Most importantly, in relation to private children disputes, Practice Direction 36R modifies Practice Direction 2C to provide a Justice’s Legal Advisor with additional and amended functions.
These new functions include being able to make certain participation directions, make an agreed child arrangements order (subject to certain conditions being met), make contact activity directions or conditions as well as make decisions on party status. Practice Direction 36R makes it clear that these temporary modifications will remain in place until at least 31st March 2021.
It is clear that the family courts are trying to alleviate the pressures that were intensified by the pandemic. However, in light of the second lockdown, it is likely that remote hearings and modifications to procedure will continue to be the new norm until, at very least, spring 2021.
Dan Proctor
Trinity Chambers
