Frances Gibb, Legal Editor
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A senior family judge has attacked the present system of family courts run by a “self-selecting great and good and a professional judiciary” as out of tune with society.
Mr Justice Ryder, the most senior family judge on the northern circuit and a leading reformer, has called for an overhaul to make family courts open and in touch with the public.
The judge, who sits on a committee advising the Lord Chancellor in cases involving children in care, said: “We are at a crossroads in family justice.”
Despite reforms in recent years, including the emergence of a unified family court embracing magistrates and judges, the system had never faced more critical comment, he said.Courts lacked capacity to “deal with an ever-increasing volume of the most serious and complex cases in a timely fashion” and as a consequence many medium-risk cases were downgraded “as if we haven't got time for them”.
In addition case law used by courts means that cases where children were at most risk required the most difficult standard of proof, “undermining the child protection imperative”, he said.
The judge's comments, which have gone to Resolution, the family solicitors' organisation, and the Family Law Bar Association, will have support among a number of judges who are concerned at the continuing criticisms of family justice.
Mr Justice Ryder said that the family courts system needed to lay itself open to scrutiny which, he said, was necessary for the public's reassurance and satisfaction. “Our judgments should be given in public and anonymised where necessary,” he said.
He urged the creation of a new “family court diversion scheme” and the adoption of a continental-style model where local community tribunals act as a gateway for family justice and deal with cases at an early stage, outside the criminal or civil courts.
The judge, who outlined his proposals in a recent speech to mark the 25th anniversary of Family Law Service, which is provided by the legal publishers LexisNexis Butterworths, also called for other reforms. He said that legal aid would only be granted for cases, other than where a child had urgently to be removed from home, where people had first gone to a panel of lay people chaired by a lawyer. Its decisions would be binding, subject to appeal.
He pointed to Guernsey, where he has been involved in a scheme that involves decriminalising under-12s. Youth justice and family breakdown cases have been transferred to a specialist interdisciplinary panel that identifies solutions to avoid a child being removed from home.
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What will the courts say to my poor child when he wants answer's why he has had to suffer more by courts making decisions ,also covering up derelict of duty of care by a local authority whilst battling with treatment for leukaemia.
linda McDermott, Luton, Bedfordshire
In Simplicity the current default of supporting the resident parent (RP) and presuming the guilt of the non-resident parent based only on RP unsupported allegations as a tool to deny all contact with NRP should be replaced with immediate contact albeit supervised with NRP weekly for at least 2 hrs.
Francis, Leicester, England
Simply put, the Family Courts have no guidelines focused on the quantum of time that children spend with each parent.
The Early Interventions: Framework for Contact provides the basis for which most disputes can be resolved within a week. Perhaps its not too soon to install this reform?
Kenneth Lane, Cardiff, UK
Family courts are a money making business.
Fathers and Mothers are pitted against each other by agents of the system, in order to prolong the proceeedings and make money for themselves.
Best interest of the child is cited, but it is the children who suffer.
All to cover up the real truth.
Catherine Mills., London, UK
As an ex policeman who lost his job due to the strain imposed on me trying to keep in contact with my son. I would say this man deserves a medal for speaking out. I know Prince Charles would be happy to give it to him as he is fully aware what is happening to children in the courts.
Roy Fox, Brentwood , Essex
for far too long now out of "touch judges" and "cafcass" have operated with impunity in "secret" hearings and got away with making apalling decisions and never been held accountable for their dreadful decisions.They have brought misery to children and parents [both male and female]
Bill, west bromwich, uk
Family Courts are a disgrace + perpetuate injustice. They discriminate on the basis of sex. If I stole I would be given a fair trial. When my ex made false accusations and committed 3 counts of fraud to gain Legal Aid she then committed repeated perjury. Result? My boys were taken to live abroad.
igc, salop,
The family courts are allowing rapists and violent thugs to take their victims to court for paternal rights. Thus, victims of rape and domestic violence are being put into prison.
This is ridiculous and very cruel. The family courts must be open and transparent so that everyone can see this abuse.
Barbara , Staffordshire, England
Mr Justice Ryder is saying the right words and gets my support. What he's saying has been said before by many but with a strong voice such as Mr Justice Ryder hopefully it would gain faster momentum.
Time for people to stop using the children.
Raja, Wimbledon,
Please , please follow up on this. The fact that the family courts are both secret and openly encourage perjury are two major factors stopping the courts form doing thier job of protecting children and ensuring the fair hearing of both parents.
Neil Grice , Chelmsford , essex
judges appear "numb" to their decisions, especially as they deal with the worst every day ... they persist in allowing mother's to make false allegations in these private courts, disproving more than 50 false allegations of child abuse will cost you £100K+ .. I know .. even then do the kids see you?
DDR, Henley-on-Thames,
Resolution needs to be replaced by something with teeth to control disgusting practices by solicitors in this world of SECRET law - a judicial Family Ombudsman is needed. Family Solicitors deliberately "up the ante", and blame their clients .. only they benefit .. certainly not the children
DDR, Henley-on-Thames,
Mr Justice Ryder is obviously well informed .. but courts & Social Svcs are too stretched for anything except "cuts & bruises" - more attention needs to be paid to the effects of litigation between parents on the children - often this escalates out of control ... fueled by fallacy of private law
DDR, Henley-on-Thames,
I applaud the judge for saying that ''Our judgments should be given in public and anonymised where necessary,. The child abuse perpetrated by juges would not survive open public scruteny. This is one of the most important items of reform needed in today's family courts, it will be a good start.
alain williams, watford,
I am ccair of Garndparents Action Group U.K it isappalleing t famiy life is declining and support from government is not there. Grandparents have no rights to contact with their grandchildren when families break down an option " for
leave to apply" many go to court for contact but it is very hard.
pamela, Telford, England U.K
Reference,pete london "there will always be someone who doesn't get what they want".............you're right pete,problem is it's the children..... who don't get a mummy and a daddy.
Darren, Oxfordshire, England
Once the courts are public, people will realise that much of the criticism aimed at 'the system' emanates from parents who didn't get the result they wanted, and probably never deserved to. The court is required make tough decisions, and there will always be someone who doesn't get what they want.
Pete, London,
The ENTIRE system needs overhauling, not just the court part. When a father is considered as an equal to the mother, we may start improving this whole tragic system. And it is tragic. Fathers are committing suicide, children are killing each other........when is someone going to grasp the nettle?
Darren, Oxfordshire, England
What about the Scottish Childrens Panel as a model?
Jack, Glasgow,
10 years ago, after spending thousands of pounds and several years fighting for my son, I gave up and moved overseas; There is not much point fighting a system that actively descriminates against a child and it's father. I am just disappointed that they are still stealing children.
John Jones, New York, USA
The family courts are "out of touch", 30 years behind other countries such as the Scandinavians, many states in the US, Australia and other countries in Europe that enforce the principle that BOTH parents are equally important to their children.
The UK 'winner takes all' system is Child Abuse.
Jeff B, Weybridge,
Not only the judgement but the evidence upon which it relies should be made public. Some judgements are nothing more than MillS & Boon novels. You don't keep pouring money into an old banger - you scrap it. The family courts are past their MOT date . All we have are judges asking for more cash. No
evans, swansea , wales
Please can we move this on from the talk stage we have heard it all before. Is it not high time directions are now taken by the Judicary to bet it's ACT 2 gether.
In view of ALL of the corrupt cases coming to LIGHT if not in the media on www............
linda McDermott, Luton, Bedfordshire
There are many things wrong with the family court system but it's doubtful that employees in "The Divorce Industry" are going to say anything that will result in a loss of earnings. There are litterally millions employed either directly or indirectly and they will not happily accept their P45's
Wiliam Hammond, Widnes, United Kingdom
The whole UK system of "parenting" children when a family breaks down needs a radical overhaul. Residential Parents are routinely given an emotional hold over Non Residential Parents resulting in pain & loss for all involved, particularly the children. Making Family Courts more open would be a start
Angela Joss, MATCH, Aberdeen, Scotland
Mr Justice Ryder is to be applauded.
Tessa Boo, London, W11
These secret kangaroo courts are incredibly draconian in the way they operate.
The tax payer is funding a business often guilty of crimes against humanity and is not aware of this.
The judges are often too lazy to read the paperwork, and merely Rubberstamping the lies of social services.
Lady Portia, London, UK
Family courts were never in touch with reality.
They cannot be as they are run by the elite, who believe they are superior specimen of mankind.
Mothers and children are second class, possessions of Patriarchal system which forces them to comply in order to keep power over the masses.
Lady Portia, London, UK
Justice Must Be Seen, To be Done.
Justice is represented by a wo+man.
Law is represented by man.
The answer lies in bringing both into balance.
Hence the scales of Justice.
But, for those who are unaware- the real statue of Lady Justice with sword pointing down is hidden away.
Lady Portia, London, UK
This is more dangerous nonsense from Mr Justice Ryder following Mr. Justice's Coleridge comments that more funding for family courts and social services are needed.
It is the Judiciary run industry that is fracturing our society and giving children such poor welfare outcomes visible in the street.
Shaun O'Connell, Portsmouth, UK
I applaud Mr. Justice Ryder's courageous call for family courts to be reformed. MATCH mothers who've lost contact with children through the current iniquitous system wanted their judgements scrutinised in public but were tragically denied that. Children, more tragically, are then the major losers.
Penny Cross, MATCH,MothersApartfromTheirChildren, London, UK
The charity National Society for Children and Family Contact can only but praise Mr Justice Ryder for saying that family justice needs to be reformed and open. This is the only way forward if good wholesome fathers and grandparents are to remain in a childs life as much needed role models
Mike Ellis, Bideford, UK