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1、REVIEW OF CIVIL AND FAMILY JUSTICE: THE REVIEW GROUPS DRAFT REPORT ON FAMILY JUSTICE AUGUST 2016INDEXPreface2Key Recommendations51.Introduction72.The Current Context173.The Current System224.The International Context235.Single Tier System286.Private Law Proceedings317.Resolutions Outside Court458.Di
2、vorce Proceedings in Northern Ireland569.Ancillary Relief6410.The Public Law System7511.Secure Accommodation Orders9212.Problem Solving Courts9913.Child Abduction10614.Paperless Courts11715.Disclosure13116.The voice of the child and vulnerable adults13317.The Court Setting14818.Open Justice15119.Per
3、sonal Litigants16520.Family Justice Board17721.Conclusion185Glossary187Appendix 1 Terms of Reference197Appendix 2 Family Statistics, October 2015201Appendix 3 Family Bar Association Civil Justice Review Research Paper202Appendix 4 - New Zealand, The Care of Children Act 2004 at s.46O228Appendix 5 -
4、Memorandum by the President of the Family Division230Appendix 6 - Practice Guidance issued on 16 January 2014232A Note of Gratitude238Family Justice Subgroups 243List of Consultees244Bibliography247 PREFACE “Things alter for the worse spontaneously, if they be not altered for the better designedly.”
5、 Francis BaconAt the start of the new legal year on 7 September 2015,the Lord Chief Justice of Northern Ireland, the Right Honourable Sir Declan Morgan, announced that he had invited me to lead a fundamental review of the civil and family justice system in this jurisdiction. According to the terms o
6、f reference see Appendix 1, the aim of the Review of Civil and Family Justice is to look fundamentally at current procedures for the administration of civil and family justice, with a view to:-improving access to justice;-achieving better outcomes for court users, particularly for children and young
7、 people; -creating a more responsive and proportionate system; and-making better use of available resources, including through the use of new technologies and greater opportunities for digital working.The last comprehensive review of the civil and family justice system in Northern Ireland The Civil
8、Justice Reform Group, Review of the Civil Justice System in Northern Ireland, Final Report, June 2000, The Right Honourable Lord Justice Campbell was some 16 years ago, since which time there have been dramatic changes both in the environment within which the civil and family courts operate and in t
9、he publics expectations about the services that should be available to them and how they should be delivered. Not surprisingly, therefore, there has been a great deal of ground to cover in this Review, as a consequence of which I have decided to produce two separate reports, with this first report c
10、oncerning the family justice system. It is my intention to publish a further draft report which will address a range of matters in relation to civil justice. This report will look in more depth at opportunities for digital working as well as considering the governance and organisation of the courts,
11、 the structures needed to provide for the most effective management of court business, and the respective jurisdictions of the various court tiers. I have been very ably supported by a Review Group and a Reference Group, further details of which are contained in Appendix 1. The Review Group is pract
12、itioner focussed and so includes members of the judiciary as well as representatives of the legal professions and the relevant Government departments. The Reference Group was established to allow external stakeholder groups to provide their input. Members of the public have also been encouraged to c
13、ontribute on the basis of their personal experiences. The Review was, therefore, substantially informed by the views of interested stakeholders. A series of issues papers, covering key themes across the various court divisions and tiers within the family justice system, were produced by a number of
14、sub-committees of the Review Group that I set up to aid the task, as a means of providing the basis for an informed and inclusive debate. These issues papers, which were based on the ideas put forward for members consideration, have been amended, substituted and approved by the Review and Reference
15、Groups. Those sub-committees have proved invaluable and I commend every member for the time and skill they have invested in this process.Our role has not been to calculate the costs or savings which our recommendations will engender. Accordingly we have not sought figures on the current Northern Ireland Courts and Tribunals Service budget. In any event, it was already fully allocated at t
