There are a number of proposals set out in the green paper which appears to adopt a softer and more “touchy feely” approach to the issues facing families.
Of particular interest is the Government’s proposal to launch a comprehensive review of the family justice system during 2011. The executive summary of the green paper says that the interests of the child should be paramount. The review will focus on the management and leadership of the family justice system and what can be done to promote settlement and agreement of family law cases outside the court system. The paper is rather obviously silent on the issues of the chronic delays and underfunding of the family justice system.
The Government intends to produce a guide in conjunction with the Kids in the Middle coalition for young people whose parents are separating and divorcing.
There will be piloting of Parenting Together Apart sessions early in the separation process for couples whose relationship has or is breading down.
The Government intends to improve the information available for grandparents about legal and other options available to them when seeking to maintain their relationships with their grandchildren, after the children’s parents have separated or divorced. Interestingly there is a suggestion that the need for grandparents to obtain leave of the court before making an application for a contact order will be removed.
Finally, there is a marked interest in promoting mediation as a way of resolving family disputes.
There are a number of consultation questions, including whether compulsory mediation assessment would improve the take up of mediation in family law cases, and what more could be done to improve the take up of mediation as an alternative to court proceedings. The government is also asking for responses on whether the current obligation for an extended family member to obtain leave of the court before they can make an application relating to children should be removed. They are proposing to remove it for grandparents but should it be extended to wider family members?
Whilst a review of the family justice system is to be welcomed, and mediation is certainly an excellent way of resolving disputes in cases where both parties are committed to finding a solution, the paper gives the impression that rather than properly funding the family justice system, CAFCASS, the Legal Services Commission (legal aid administrators) and dealing with the delays in the system the government intends to promote mediation to keep people out of court. Is this green paper in its proposals simply a sticking plaster to cover a wound?
Meredith Thompson