After initial problems are ironed out, the Family Court will be fit for purpose

The move should allow cases to be moved between one level of judiciary and the other with complete flexibility, and without the need for formal transfers.

As our flagship office is based in Liverpool, which started operating the new system in February this year, the family department has gained a rare insight into the workings of the new system.

Since February 3, all child applications have been sent to Liverpool Civil and Family Court for allocation prior to the cases being heard. Therefore, a Children Act application that will be heard in the nearby town of Birkenhead, for example, needs to be issued at Liverpool first. Depending on the seriousness of the case and the contents of the application, the court will then allocate an appropriate judge to hear the application.

The new system reflects two trends, the centralisation of court administration and the closure of local courts, with the latter already creating a pull towards the Liverpool centre as a result of local family courts having disappeared over the years.

We have experienced some teething problems.

For example, we issued applications at Liverpool Civil and Family Court which were ultimately sent to Birkenhead to be adjudicated by a District Judge.n attending Birkenhead County Court we discovered that the files were still at Liverpool and the court process had to be delayed all morning until the files reached the appropriate destination.

The new system also means that the applicant has less of a say in choosing the venue where their case is to be held, which most would see as a disadvantage, particularly when applicants have difficulties in travelling to the courts concerned.

In principal, the single court process appears to be a positive move which will cut out the need for applications being made to ensure serious cases are leapfrogged before an
appropriate judge. However, I fear that in reality, there may be a difficult bedding-in period before we start to feel the real benefits. SJ

David Kirwan is managing partner at Kirwans