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A family failed by the court system

Although thankfully not a daily occurrence, this case sadly highlights one of the risks of embarking upon court based resolution. Neither party had legal representation which also left the case management to the court and these "litigant in person" parents to navigate the many procedural rules unaided.

What alternatives could these parents have considered? Thankfully there are quite a few; mediation (both the traditional and hybrid models) collaborative law, early neutral evaluations and arbitration to name a few.

Obtaining legal advice at the outset would have ensured these alternatives were flagged and could have saved this family considerable heartache.  

High Court judge has made a public apology to parents involved in contact proceedings where a litany of mistakes were made. Sir Jonathan Cohen, sitting in the Family Division in JB v DJ, said it was a matter of ‘great regret that everything that procedurally could have gone wrong in this case has gone wrong’.

Tags

family law, articles