Senior family court judge calls for better ways to handle care of children cases

THE MOST senior family court judge in England and Wales has said he wants to find better ways of handling cases involving the care of children.

Sir James Munby, President of the Family Division of the High Court, said the number of cases continues to rise “seemingly relentlessly”. The judge said lawyers must assume that the rise will continue - and must assume that resources will not increase.

He has outlined his thoughts in a note published on a legal website. “The number of new care cases continues to rise, seemingly relentlessly,” said Sir James.

“The reasons for the increase are little understood and are currently being investigated. We must however plan on the basis that there will continue to be significant increases. That is one reality. The other reality is that we are unlikely to see any increase in resources, judicial or otherwise.”

He added: “Given the realities, we must continue to look for new, innovative and better ways of handling these cases, while never departing from the fundamentals.”

Sir James said public money had to be “carefully husbanded”.

“Public funds, whether those under the control of (local authorities) or those under the control of other public bodies, are limited, and likely in future to reduce rather than increase,” he added.

“It is essential that such public funds as are available for funding litigation in the Family Court and the Family Division are carefully husbanded and properly applied.”

He went on: “It is no good complaining that public funds are available only for X and not for Y if money available for X is being squandered.”

Separately, divorce lawyers are awaiting suggestions about how to ensure ex-partners comply with orders made by family court judges, a solicitor has said.

Family law expert Joanne Edwards said people caught up in cash disputes could become disheartened when former partners thwarted orders.