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Family Law Week: Practice Direction 12J & Scott Schedules – Rearranging a spider s web

Sir Andrew McFarlane, the President of the Family Division, Lady Justice King and Lord Justice Holroyde (with extensive experience in criminal matters) have recently heard four linked appeals related to family proceedings involving the welfare of children. It is anticipated that the Court of Appeal will give general guidance on the approach taken by the family court in cases in which domestic abuse is alleged. My concern is that whatever the Court of Appeal says, the fundamental issue is time. Time for the court to consider the evidence, time to marshal the evidence, time to appropriately hear the matters in dispute, time to make findings, time to give judgment, time to list any fact-finding hearing swiftly, time to consider interim contact.

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