Meeting Summaries
Family Justice Council - Ancillary Relief Advisory Committee
03 November 2004
MATTERS ARISING
CPR/FPR Harmonisation - update
Claire Johnston informed the committee that the first meeting of the new Family Procedure Rules Committee is to be held in November. Part of the first tranche of work before the Rules Committee is to ensure that the default rules are the Civil Procedure Rules. The second tranche is the New Adoption Rules. The Harmonisation sub committee is working with the adoption project to ensure the new Adoption Rules also default to CPR. It is hoped that defaulting to the CPR will eventually apply to all other Family Rules.
The Senior asked if the Harmonisation working Group was to be reconvened with specific relation to the CPR and adoption proceedings.
Claire Johnston commented that the Harmonisation Committee had re adopted the Adoption Committee as a working group. Meetings had been held in October and November 2004 and it was hoped that there would be a final draft by the end of the year/ the beginning of next. Once this exercise is concluded much of the work of the Harmonisation Committee will be completed.
Pension sharing forms - up date
Peter Watson-Lee produced a final version that had been agreed by all parties. It was hoped that it would be introduced with the new rules changes in April 2005.
Draft Convention on the International Recovery of Child Support and Other Forms of Family Maintenance - feedback from the June meeting in The Hague
A questionnaire on Applicable Law had previously been circulated to all members of the committee and a response sent back to the Commission. The EU has applied to be a member of the Hague Convention. The UK's position is that it will negotiate as the UK not as a member state. The next meeting is April 2005.
EC Green Paper on Maintenance Obligations - update
The Governments formal response, in the form of a Parliamentary Paper, to the Commission's Paper is published this week.
Form E
Members were provided with an up to date version of Form E. Peter Watson-Lee informed the meeting that there had been contributions from a wide field.
Alex Clark was delighted with the document from a policy point of view but stated that it needed to go out for consultation.
It was agreed that before Form E went for consultation a sub group of the committee would work through the document and make any recommendation that were necessary. The sub committee membership to comprise of the Senior District Judge, Simon Bruce, Nicholas Cusworth, Nigel Dyer, Nicholas Mostyn QC and Peter Watson-Lee.
RELATIONSHIP OF THIS COMMITTEE WITH THE FAMILY JUSTICE COUNCIL
The Family Justice Council is reviewing the whole field of family proceedings and will need expert sub groups to help it achieve it's objectives. The Chairman also stated that the Committee should consider its relationship with the Family Proceedings Rule Committee. The committee should be available to the FPRC as a source of expertise if required.
The Senior stated that there should be a formal channel of communication between the FPRC and the FJC and proposed that this request should come from the Family Justice Council. The Chairman stated that there were already 3 members of the FJC on the Ancillary Relief Committee and therefore there should be no risk of poor communication between the committee and the FJC.
The Chairman stated that the FJC regards it's function as making major policy decisions and that the Rule Committee drafts the legislation and it is important that the two bodies neither compete or duplicate.
"COSTS IN ANCILLARY RELIEF PROCEEDINGS AND APPEALS
IN FAMILY PROCEEDINGS" - DCA CONSULATION PAPER
Alex Clark informed the Committee that this was the finished document and that it was hoped to implement it in March/April 2005.
The Senior referred the meeting to the note from Mr Justice Bodey. After discussion the meeting agreed to adopt the suggestions made by Mr Justice Bodey.
REFORM OF FAMILY ENFORCEMENT
The Chairman referred to a letter he had received from Claire Johnston which informed him that there was no major prospect of funds being available to take this project forward. The Chairman also read out a note to the meeting produced by Clive Buckley on the issue.
The Senior commented that he did not see how one could avoid dealing with enforcement during the next 9 months as it linked into so many areas.
Alex Clark stated that he wanted it to happen and that he might be able to link it to some aspect of work being carried out by the FPRC. The difficulty as always was the lack of funding.
ANY OTHER BUSINESS
Nicholas Mostyn QC circulated a copy of a Commercial Court Practice Direction regarding the use of IT within that Court.
The Senior stated that it needed to be considered in relation to the CPR.
Her Honour Judge Darwall-Smith informed the committee that she was a representative on Judicial Advisory Group 1 (Civil and Family) and that Mr Justice Munby was also shortly to join the group. The group was dealing with issues such as emails to CAFCASS.
Mrs Justice Baron stated that the systems that existed in Family at present were inadequate and not compatible with other IT packages which resulted in a waste of man hours which could otherwise be usefully employed elsewhere. It was important to ascertain the needs of the Family Courts otherwise when money is available needs will not be known.
Alex Clark informed the meeting that a service upgrade is due to take place by 2006 and it is hoped that this will solve a lot of the problems.
It was agreed that the matter be referred to the FJC with the suggested proposal that the FJC set up a technology group and that Mrs Justice Baron would take forward the initiative of identifying the Family Courts IT needs.
The Chairman informed the committee that every member of the Family Justice Council has been invited to be a member of the committee along with any of the other committees that the Family Justice Council has adopted. Mrs Justice Baron and Jane Craig where present as Family Justice Council members.
The Chairman informed the committee that this was the last meeting that District Judge Bird would be attending as he was retiring next year. The Chairman thanked District Judge Bird for the outstanding work he had done with the sub committees.