East Midlands Courts Introduce New Case Management System For Private Children Law Proceedings

It has been announced in the East Midlands Courts that a new case management system has been introduced regarding private children’s law proceedings.

On 1^st February a conference was held regarding the release of this system. Mrs Justice Lieven (Justice of the High Court in England and Wales assigned to the Family Division) said that the purpose of this new system is to provide a better outcome for the children who are involved in these cases.

What changes will we see?

It is imperative that during the proceedings the child’s wishes and feelings are always at the forefront of all those involved minds. Therefore, it will now be implemented into private law proceedings that children over the age of 12 should be spoken and listened to with their views where applicable.

Now, the Courts will be planning to resolve private law cases as early as possible. Her Honour Judge Harris said that we will see more control by the Court in order to decrease conflict between parents. The aim of this process is to identify which lawsuits would be better suited for alternative dispute resolution.

Currently, a website is in the process of being made for parents to access resources, find support, and get further information. This should help to enable parents to reach agreements without having to put themselves through Court.

All Court proceedings need to be set within a specific timeframe as they are often highly intense and stressful for all those involved; therefore, it is within the best interest of all parties to not allow the process to take any longer than it needs to. The Court’s aim is private law proceedings that don’t include a fact-finding hearing to be concluded within a time frame of 25 weeks. However, for cases that are fact-finding hearings, those should be finalised within an aim of 40 weeks.

What is the aim of the new case management system?

The system proposed is to help empower parents/families to give them the support they need in order to make the best choices and or decisions for their children.

In every scenario the child’s welfare is paramount and the system is to help parents focus on the needs and wants of their child and aims to help parents reach an improved co-parenting relationship between them.

The system also demands that Cafcass Schedule 2 letters have better recommendations and stronger advice. Having this will help shorten the proceedings and will assist in making sure each parent understands what is being guided and again what is considered to be the greatest outcome for the children involved.

When will the new system be implemented?

There is no definite date yet for when the system will be implemented however it is likely to be soon. The changes proposed are hoped to have a positive impact on the Courts, parents, and most importantly the children.

Comment

It is hoped that the new system will allow the parents to focus on the best interests of the children and make decisions accordingly. The proceedings are difficult for the parents involved but most importantly for the children especially when they feel that there is no light at the end of the tunnel.  Placing a time frame on the children act proceedings will hopefully take some pressure off and provide the clients and children with clarity as to when the case will conclude.