What Do The New Family Court Procedure Rules Mean for Family Disputes?
Family Disputes| 14.08.2024
In April 2024, the Family Procedure Rules, which set out how the Family Courts in England and Wales operate, were changed, meaning that more families and couples will be encouraged to go through mediation before asking the court to deal with their matter.
When applying to the Family Court for an order such as a Child Arrangements Order (CAO), Specific Issue Order (SIO) or Prohibited Steps Order (PSO), unless an exemption applies, applicants normally need to attend a Mediation and Information Assessment Meeting (MIAM) first. The purpose of a MIAM is to assess whether the matter can be resolved through mediation and to prevent all family cases from needing to go through a court. In this article, we will discuss how the changes in the new Family Procedure Rules will affect individuals and families who require the help of the Family Court to resolve their matters.
The Family Procedure Rules were first introduced in 2010 to create a single set of rules for cases going through the Family Courts, with the aim of making them proceed more smoothly and efficiently. They are used by solicitors, barristers, and judges in England and Wales, and they provide instructions for making family law applications, serving documents, providing evidence, and conducting hearings.
In particular, the Family Procedure Rules encourage:
The Family Court to deal with cases justly and at a proportionate cost
Active case management to ensure that cases progress efficiently
The use of mediation and other Non-Court Dispute Resolution methods to resolve disputes without needing a court hearing.
What are the most recent changes to the Family Procedure Rules?
In April, the Family Procedure (Amendment No. 2) Rules 2023 came into effect and made the following changes:
The definition of Non-Court Dispute Resolution has now been widened to include family dispute resolution methods methods, including:
Mediation
Arbitration
Evaluation by a neutral third party (such as a private Financial Dispute Resolution process) and
Collaborative law
Parties going through court family proceedings will now need to explain whether and how they have engaged with Non-Court Dispute Resolution or not. If it has not been used, a reason must be provided. To do this, parties will now need to complete form FM5 ‘Statement of position on non-court dispute resolution (NCDR)’. The applicant and the respondent must each complete their own copy of the form, and this must be returned to the court at least seven working days before the first hearing or appointment in court. A copy of the form must be sent to the other party.
Family courts are required to actively manage cases to encourage the use of Non-Court Dispute Resolution at each stage of the process. This may mean more time between hearings or even allowing adjournments to allow Non-Court Dispute Resolution attendance by the parties involved.
When deciding whether to make an order for costs in family financial remedy proceedings, Family Courts must take into account any failure of a party to attend a family mediation information and assessment meeting (MIAM) or attend non-court dispute resolution.
Some of the exemptions to MIAMs are now limited or have been removed.
“We agree that supporting parties to settle their cases outside of court and informing them of their options relating to NCDR is important. Court should be a last resort because it is expensive, takes longer and can have a significant emotional impact on parties…The updated rules provides an opportunity for parties to explore all the options, including NCDR, in resolving their dispute out of court when attending a MIAM…We are also pleased that the changes to the rules will retain the protections afforded to victims of domestic abuse and vulnerable parties, ensuring they do not need to engage in any form of NCDR… “We are also pleased that the changes to the rules will retain the protections afforded to victims of domestic abuse and vulnerable parties, ensuring they do not need to engage in any form of NCDR”.
The latest changes to the Family Court Procedure Rules have been positively received by those in the area of family law. NCDR is extremely effective in resolving even the most complex and contentious disputes and often results in outcomes which better preserve the relationship of the parties concerned. This is especially important when it comes to children.
Pearcelegal has a dedicated team of family law solicitors who provide practical legal advice and support to families and individuals across the UK. To make an appointment, please contact us on 0121 270 2700 or enquire through our contact form.
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