Court of Appeal laments systemic failures in family justice – UK Human Rights Blog

Posted September 10th, 2013 in appeals, children, divorce, family courts, news, parental responsibility, residence orders by tracey

“Re A (a child) [2013] EWCA Civ 1104. Appellate judges are obliged to review systemic failings in the family justice system as a whole, not just the merits of the trial judge’s determination, particularly where the process has deprived the parties of their rights to procedural fairness under Articles 6 and 8. Whilst this particular appeal was not ‘a fitting vehicle to enable a root and branch appraisal of the procedural history of this protracted case’, McFarlane LJ has taken the opportunity to give full voice to the ‘profound feeling of failure’ felt by Court on the part of the Family Justice system.”

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UK Human Rights Blog, 9th September 2013