Peter Medd, Director of Redcar-based Cygnet Family Law, has said there are some potential teething problems with the new Children and Families Act, which came into force today
A leading family lawyer has said there are some potential teething problems with the new Children and Families Act, which came into force today.
Peter Medd, Director of Redcar-based Cygnet Family Law, said that although he was pleased to see the new reforms in place, he was worried the maximum time limit of six months on completing proceedings for children who are to be placed into care may not always be in the child’s best interests. Thankfully there is provision for an extension of time in the more complex cases.
Mr Medd also thinks the new requirement for separating couples to go to a meeting to inform them of mediation before using the courts could well be useful in a number of cases but is unlikely to make any major impact on the number of disputes ending up in Court.
The changes include:
Making it a requirement for separating couples to attend an information meeting on mediation before they are allowed to take disputes over finances or children to court (unless exemptions apply – such as in cases of domestic violence)
Introducing a single “one door” Family Court, to replace the existing three-tier system
Reinforcing to separated parents that courts will take account of the principle that both should continue to be involved in their children’s lives where that is safe and consistent with the child’s welfare
Ensuring expert evidence in family proceedings concerning children is permitted only when necessary to resolve the case justly
The introduction of a maximum 26 week time limit for completing care and supervision proceedings
Mr Medd said: “As a specialist family lawyer with many years’ experience in the Redcar area, I welcome the new Children and Families Act, which came into force this week (APR 22).
“These reforms represent the most significant change to the family law system in my lifetime and the new laws are a clear step forward in terms of putting children at the centre of proceedings and protecting the vulnerable.
“The requirement of separating couples to attend a meeting on mediation on child custody or finances may well be useful in a number of cases. Mediation is generally a cheaper, quicker and less traumatic way of dealing with separation, so courts are a last resort for most couples.
“However, I am concerned that a maximum 26-week time limit on completing care and supervision proceedings may not be long enough. Children’s welfare is paramount, particularly in care proceedings, where courts are often making life-changing decisions for extremely vulnerable children, and while it is obviously vital that this is completed in a timely fashion, every case is different and the best interests of the child must always be the priority.
“It is therefore reassuring that the legislation provides for the 26 week framework to be extended in cases where difficult issues need to be resolved and more time is required to secure a positive outcome in planning for a child’s future.”
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