"The novel explores the intersection between the sacred and the secular in the family courts and highlights that when judges are grappling with these issues, welfare is the paramount consideration. The title of the book is well chosen to emphasise this."
When I went into a local book
shop to buy Ian McEwan’s The Children Act on the day of publication I felt
rather guilty as I was brought up to wait for the paperback or go to the library. But for Ian McEwan's latest novel, set in my
world of family law, I decided to break the rule.
The book tells the story of
Fiona, a High Court Judge in the Family Division, as she grapples with the
challenges of a husband who announces that he wants to embark on an affair and
a case where she must decide if a nearly 18-year-old Jehovah’s Witness “boy”
should receive a lifesaving blood transfusion.
The tale is economically told; this
book is an ideal length for time-poor lawyers who can probably read it in a
couple of decent sittings. McEwan’s language sets the scenes vividly and for me
he made legal London and Newcastle
come alive, and I, as a Newcastle
based solicitor, particularly enjoyed references to the latter.
McEwan has done his homework
meticulously. He thanks Sir Alan Ward, lately of the Court of Appeal, for the
origins of the case and other guidance, and also acknowledges a 'superbly
written judgement by Sir James Munby in 2012', (did I spot Re G (Education: Religious Upbringing) 
EWCA Civ 1233,  1 FLR 677?). The research has paid off and
there was nothing in the book that jarred or caused me to tut at errors, rather
I was nodding in recognition at the familiar. Descriptions of the ‘clerk’s
weary call of "Court rise”’, the cadence and content of the advocates’
dialogue, judges being described ‘as he then was’, and the order of play in
hearings all rang true. And who is not familiar with a family justice
professional being ‘intent on her phone, reading, tapping, frowning in the
contemporary manner’. Some comments
stung; reflections on children being ‘counters in a game’ or ‘dazed children
shuttling weekly between households in co-parenting agreements, mislaid coats
or pencil cases shrilly broadcast by one solicitor to another’ are certainly
encouragement for family lawyers to brush up on their DR skills. Article continues below...
McEwan’s pithy observation is not
limited to family law; I enjoyed the description of local worthies being
invited to dine at judges lodgings; ‘she would return the compliment at the
lodgings and invite notable or interesting types (there was a distinction) from
the locality’. His description of the ‘miniscule shift along the marital fault
lines’ in the preparation of breakfast coffee and the placing of cups as some
form of rapprochement is very well done.
The novel explores the
intersection between the sacred and the secular in the family courts and
highlights that when judges are grappling with these issues, welfare is the
paramount consideration. The title of the book is well chosen to emphasise
this. The story moves into very interesting territory when Fiona has to make
welfare decisions outside the courtroom.
McEwan touches on several notable
family cases including the conjoined twin case and the Sally Clark case.
Through Fiona he criticises where things have gone wrong but her overall view ‘on
the whole, she believed in the provisions of family law. In her optimistic
moments she took it as a significant maker in civilisation’s progress, to fix
in the statutes the child’s needs above its parents’’, will chime with many in
the family justice system.
I have heard the book criticised
for the relationships being too unreal, and perhaps McEwan does not handle them
as deftly as he has in earlier books, but I was absorbed by Fiona and her
interactions, both professional and personal. A fellow family solicitor tweeted
in the early hours of the morning ‘excellent although now cannot sleep thinking
if Fiona could have dealt with it differently’ and that comment shows that this
is a book that makes you think and reflect on the family justice system. Perhaps there is a rich vein of literature
lurking in family judgments just waiting to be mined by talented writers.
Elspeth has experience in all areas of family law with an in-depth understanding of children law. She represents children and other family members in public law cases where social services are involved and in disputes between family members. She understands the importance of achieving outcomes where children’s best interests come first.