Commons Sense

House of Commons · Ministers' Questions

Family Courts

Tuesday 28 March 2023 · 5 questions

Summarised by AI from the official record, so it can contain mistakes.

Read the full transcript on Parliament.uk

At a glance

Answered 2 Partly answered 3 Not answered 0

Key points

  • Published a consultation on proposals for a funded mandatory mediation and co-parenting programme before court.
  • Invested 15 million in the family mediation voucher scheme to help about 28,000 more separating families over two years.
  • The Domestic Abuse Act 2021 measure prohibits domestic abuse perpetrators and victims from cross-examining each other in person during certain family and civil proceedings.

Topics (select to filter)

Questions & Answers

Q1 Caroline Ansell Con
Children & Families
Context

Families face challenges in family courts with drawn-out proceedings and mediation needs.

Question

What steps he is taking to increase support for families within the family court system. Families experience drawn-out court proceedings that can harm parents and children, impacting their lives negatively.

Answer from Mike Freer

Published a consultation on proposals for a funded mandatory mediation and co-parenting programme before court. Invested £15 million in the family mediation voucher scheme, helping about 28,000 more separating families over two years. This will free up court resources for cases needing a judge's hearing.

Answered
Was this summary accurate? Tell us

How accurate was this summary? (1 = poor, 5 = spot on)

Q2 Daniel Kawczynski Con
Crime & Law Enforcement Children & Families
Context

Victims of domestic abuse face cross-examination by perpetrators in court proceedings.

Question

Does my hon. Friend agree that this Government have taken the necessary steps to prevent perpetrators of domestic violence from being able to question their victims in family court proceedings, and that the family court should never again be a place where victims can be subjected to further abuse from their perpetrators?

Answer from Mike Freer

The Domestic Abuse Act 2021 measure prohibits domestic abuse perpetrators and victims from cross-examining each other in person during certain family and civil proceedings. Family and civil courts engage a court-funded qualified legal representative to conduct cross-examinations in these cases, ensuring protection for those involved.

Answered
Was this summary accurate? Tell us

How accurate was this summary? (1 = poor, 5 = spot on)

Q3 Caroline Ansell Con
Children & Families
Context

A constituent experienced toxic court proceedings, and CFCAWS highlighted the harm from drawn-out cases.

Question

In one of my last advice surgeries, a parent described to me their toxic experience of family court. The Children and Family Court Advisory and Support Service has highlighted the harm posed to children from drawn-out court proceedings. What further measures is the Minister taking to enhance and promote mediation where appropriate, so that the impact of separation is not exacerbated by legal proceedings?

Answer from Mike Freer

Reviewing all aspects of family law to ensure families stay out of court. Extra £15 million for mediation vouchers will help avoid adversarial situations, using language that ensures children are not scarred by the process, addressing concerns raised.

Partly answered

Not addressed: No specific measures beyond reviewing and current investments mentioned

Was this summary accurate? Tell us

How accurate was this summary? (1 = poor, 5 = spot on)

Q4 Sarah Green Lib Dem Chesham and Amersham
Children & Families
Context

A constituent was dragged back to the family court 25 times by an ex-partner, leading to further trauma.

Question

Over three years, one of my constituents was dragged back to the family court by their ex-partner 25 times. Despite having the bravery to leave an abusive relationship, they faced further trauma as a result of an ex-partner who was able to use the family court system to further control and manipulate them and their child. What steps is the Minister taking to ensure that the family courts cannot be abused in this way?

Answer from Mike Freer

The Department is reviewing how we can ensure that people caught up in the family court system are protected from such abuse, but no specific steps mentioned yet.

Partly answered

Not addressed: No specific measures to prevent abuse of the system

Was this summary accurate? Tell us

How accurate was this summary? (1 = poor, 5 = spot on)

Q5 Andrew Slaughter Lab Hammersmith and Chiswick
Justice & Courts Children & Families
Context

Legal Aid, Sentencing and Punishment of Offenders Act cut legal aid expenditure by a third.

Question

The best support that families could get is representation, but the Legal Aid, Sentencing and Punishment of Offenders Act 2012 virtually abolished private law family legal aid. Since then, legal aid expenditure has been cut by a third, advice is given in three quarters of a million fewer cases and applications for full legal aid have halved, as has the number of providers. Does the Minister think that LASPO has been good or bad for access to justice?

Answer from Mike Freer

Spent over £813 million on civil legal aid and the means-testing review is expected to widen civil legal aid availability to an extra 2 million people, indicating that investment in the system is substantial and does not fail families or the civil legal aid system.

Partly answered

Not addressed: No specific evaluation of impact on access to justice beyond stating investment made

Was this summary accurate? Tell us

How accurate was this summary? (1 = poor, 5 = spot on)