Family Law Journal: July 2022

The attached 2022 article in Family Law records how things developed in the wake of (i) the 2018-2021 Family Justice Review (‘FJR’) and (ii) the 2020 Family Law article that set out (again) the full detail of the 2002 EI proposal. In brief:

• the FJR overlooked the fact that Cafcass had no guidance for parents

• the FJR overlooked the EI proposal

• the FJR endorsed Cafcass’ commitment not to provide parents with guidance

• the FJR reaffirmed its commitment to provide parents with guidance

• the FJR made no provision to provide parents with guidance

In addition:

• the FJR got the law back-to-front, holding the law out to already be what it would be - if the necessary guidance was produced and installed via EI

• the FJR confirmed its view that Cafcass’ stance on the welfare of the child contravened standard thinking

Meanwhile, in 2021, the Minister confirmed that the judiciary could proceed with the EI pilot project to provide the necessary guidance.

All these anomalies and contradictions can be resolved by judicial implementation of the 2003 EI proposal; as should have happened (and as Parliament was told was happening) in 2004-5. To read the 2022 article, click here.