Lord Chief Justice ignores the real issues of Family Courts
 

• Lord Justice Phillips shows a serious misunderstanding of self-representation

• Families Need Fathers (FNF) disappointed that it has taken a celebrity divorce to highlight the situation of Litigants-In-Person.

 

The most senior judge in England and Wales has shown a worrying lack of insight into the experience of those representing themselves in Family Courts (Litigants-In-Person).

In his first annual report, Lord Justice Phillips stated: ‘I view with concern the steadily increasing numbers of litigants in person, due in part to difficulties of getting legal aid. This problem is particularly acute in relation to the family jurisdiction.’ He went on to note that ‘Our system is that we rely on the lawyers to do the research for us. When you transfer that task to the judge, you make the job more difficult and time-consuming.’

The reality for most of those encountering family courts is that the expense of employing legal professionals, multiplied by the length of the process (FNF research shows that the average length of family proceedings is almost two years– for more please see http://www.fnf.org.uk/news-events/press-releases/2008-archive/080206) and the ongoing disparity between the threshold for Legal Aid and the actual costs of going to court, means that the overwhelming majority have no choice but to act as Litigants-In-Person.

Families Need Fathers CEO Jon Davies commented that “To suggest that acting as a Litigant-In-Person is a money-saving exercise, rather than a desperate necessity, is an insult to those who find themselves before a Family Court judge attempting to stabilise their family life and ensure their children’s welfare.”

Furthermore, the Lord Chief Justice failed to highlight the desperate need for more to be done to keep family disputes away from the court and the accompanying trauma and expense. By improving the accessibility and promotion of mediation and other support services for separating families, the number of cases going before judges can be significantly reduced, and thus improve the availability of Legal Aid and professional representation for those that have no other recourse.

Mr Davies added “Such comments demonstrate a worrying disconnection from the realities of going to the Family Courts. Only by avoiding court wherever possible, and streamlining the cases that do end up there, can the Family Justice System hope to minimise the devastating effects of family break-up on our children’s welfare.”

-  ENDS -

 Note for editors: Families Need Fathers (FNF) is a registered charity providing information and support on shared parenting issues arising from family breakdown, and support to divorced and separated parents, irrespective of gender or marital status. Our primary concern is the maintenance of the child’s relationship with both parents. Founded in 1974, FNF helps thousands of parents every year.

 

For comment or information please contact:

Nick Barnard, Director of Communications 07979 206 384

John Baker, FNF Chair 07881 644 917

Jon Davies, FNF CEO 07976 935 986

Becky Sibert, Policy & Information Officer 020 7613 5060

 

Please see Families Need Fathers ‘programme for change’ Father’s Day Manifesto at

http://www.fnf.org.uk/publications-resources/articles/fathers-day-manifesto