Greater transparency in Family Courts urged by Constitutional Affairs Committee
Greater transparency in Family Courts urged by Constitutional Affairs Committee
The Constitutional Affairs Committee published its report on the workings of the family justice system in contact cases on 2nd March 2005. The committee was asked to look into the issue in November 2004. Their conclusions fall short of recommending automatic shared parenting but highlight the perceived bias against the non-resident parent, in particular, the lack of transparency in the family courts when its comes to revealing the decision-making process. Their main recommendations are:
- a clear statutory statement that it is in the best interest of the child to have a full relationship with both parents. The Welfare Checklist under s.1(3) should also be changed to include a statement to that effect.
- grandparents should be able to apply for contact without first seeking permission
- that CAFCASS welfare reporting process should be reduced with the introduction of shorter reports and oral hearings. They also welcomed the proposed change to the role of CAFCASS in monitoring and enforcing court orders but warned of the resource and cultural changes this will require
- greater transparency in the family courts. Anonymised judgments should be made in public unless the judge specifically makes an order not to do so. Members of the press and the public should also be allowed to view proceedings in appropriate circumstances and subject to reporting restrictions
The report is available on the Constitutional Affairs Committee website
14 March 2005