Hansard

Family Law

Volume 205: debated on Wednesday 4 March 1992

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Mr. Carrington

To ask the Attorney-General if he will make a statement on the Government's programme for the reform of family law.

The Attorney-General

During the passage of the Children Bill my right hon. and learned Friend the Solicitor-General announced the establishment of an interdepartmental working party to oversee a rolling programme of work directed at improving family law and business. Its terms of reference were particularly directed towards the implementation and operation of the Children Bill. That legislation is now in operation, and my noble and learned Friend the Lord Chancellor has decided that the working party's terms of reference should be amended to the following:The Working Party shall oversee a programme of work directed at improving all aspects of family law and business. In particular, it shall:

  • (a) oversee, co-ordinate and monitor progress of the review of the family justice system set out below;
  • (b) report to and advise the Lord Chancellor, the Home Secretary, the Secretaries of State for Health and Social Security, the Chancellor of the Exchequer and other interested Ministers on that review; and
  • (c) assess and monitor the resources implications.

    • Review of the family justice system

    Responsible Departments shall consider and formulate advice on:

  • (a) the reform of divorce law and practice, including any part which might be played by conciliation and mediation services and how they might be organised and funded:
  • (b) the reform of the law governing civil remedies for domestic violence and rights to occupy the family home;
  • (c) the functions and organisations of the support services in family proceedings;
  • (d) the reform of adoption law;
  • (e) the extension of the concurrent jurisdiction of the Magistrates' and county courts and the High Court under the Children Act 1989 to other family proceedings;
  • (f) the rules governing access to and the reporting of family proceedings;
  • (g) the rules governing financial and property division on family breakdown;
  • (h) the law relating to the care and upbringing of children and in particular the future role of wardship, and any matters arising from the operation of the Children Act 1989;
  • (i) such other reforms of family law as seem appropriate and in particular necessary to the creation of a unified jurisdiction; and;
  • (j) such other changes in the rules of evidence and procedure as seem desirable to ensure uniform and appropriate means of dealing with family business in all levels of court.