Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Family Law

The leading authority on all aspects of family law

Court of Protection Practice and Procedure Conference 2016

A comprehensive guide to best practice and current thinking

18 JUN 2012

What's in a name? A practitioner's view on reform of residence orders

Chris Bevan
Barrister, KCH Chambers

Family lawyers have given a somewhat cautious welcome to the Children and Families Bill announced on the 9 May 2012 as part of the Queen's Speech to Parliament. The Bill, which is expected to be introduced in early 2013, adopts many of the reforms proposed by the government in its response to last November's Family Justice Review. Significant proposals include a six-month statutory time limit for care cases; greater emphasis on mediation and the establishment of a ‘shared parenting' principle to ensure children have a relationship with both parents after family separation. The government published a consultation paper Co-operative Parenting Following Family Separation: Proposed Legislation on the Involvement of Both Parents in a Child's Life 13 June 2012 containing proposals on precisely how legislation is to be framed to achieve these ends.

My concern, doubtless echoed of my fellow practitioners, is how such measures are to be resourced and implemented in a family justice system that is facing such profound budget cuts. More pressingly, however, I question whether the Bill is a missed opportunity for important reform and this article argues that what is needed is a rethink as to the labels we attach to orders governing where a child is to live.

To read the rest of this article, see July [2012] Family Law journal.

To log on to Family Law Online or to request a free trial click here

Family Law


"the principal (monthly) periodical dealing with contemporary issues" Sir Mark Potter P

More Info from £49.00
Available in Family Law Online
Family Law Online

Family Law Online

Get a FREE trial today! The fastest way to access the latest law reports, case law, commentary,...

Available in Family Law Online
Subscribe to our newsletters