Guidance

FJC guidance on a variety of topics.

• Interim Guidance in relation to expert witnesses in cases where there are allegations of alienating behaviours – conflicts of interest
  This interim guidance is focused on the limited issue of conflicts of interest relating to expert assessment in cases involving allegations of alienating behaviours. The Council’s full guidance note on responding to allegations of alienating behaviours, including the timing, scope and type of expert witness evidence will be issued in 2023
• Guidance on assessing child’s competence to instruct a solicitor (PDF, opens in a new tab). The aim of this guidance is to provide some consistency of approach while recognising that each child is unique and each case fact specific.
• The Family Justice Council is pleased to endorse Advicenow’s Survival guide to pensions on divorce. This guide is specifically designed to help people going through divorce or dissolution. It makes a potentially daunting topic understandable and manageable, by explaining why and how pensions should be included in financial settlements and providing a wealth of accessible guidance on the practical aspects of doing so. The guide will be invaluable for people tackling divorce or dissolution without a lawyer, as well as for all those seeking a better grasp of this often neglected or avoided issue.
  Watch this short film to see why you need to include your pensions when you divide money and property as part of a divorce, and what steps you should take.

• The survival guide is the accessible version of the definitive Guide to the Treatment of Pensions on Divorce produced in 2019 by the Pensions Advisory Group, an interdisciplinary working group supported by the Family Justice Council and the President of the Family Division.
• Safety from Domestic Abuse and Special Measures in Remote and Hybrid Hearings – guidance published
  The President of the Family Division, Sir Andrew McFarlane, has published the Safety from Domestic Abuse and Special Measures in Remote and Hybrid Hearings guidance.
• A Guide to the Treatment of Pensions on Divorce
  The FJC is pleased to announce the publication of a guide to the treatment of pensions on divorce.Produced by the multidisciplinary Pensions Advisory Group, with the support of the Council, the report provides a clear good practice guide for family judges, lawyers and pension experts.  It hopes to improve communication amongst the professionals and help address the shortfall in understanding about how they should deal with the valuation, sharing or offsetting of pension fund assets in divorce settlements.  Further information can be found at: https://www.nuffieldfoundation.org/news/new-good-practice-guide-addresses-shortfall-understanding-how-treat-pensions-divorce
• Paediatricians as Expert Witnesses in the Family Courts – August 2018
  New guidance published: Paediatricians as Expert Witnesses in the Family Courts
• Guidance on Financial Needs on Divorce: Edition 2 – April 2018
  The FJC has now published the second edition of this useful guide for the family judiciary, courts and legal advisers
• Guidance on the Capacity to Litigate in Proceedings Involving Children – April 2018
  This guidance has been produced to assist judges in the Family Court
• Initial Family and Friends Care Assessment: a Good Practice Guide: Developed by Family Rights Group in partnership with an expert working group, February 2017, the guide is designed primarily for social workers undertaking initial family and friends care assessments (commonly known as viability assessments). But it is also for all professionals who make decisions about, work with or represent family and friends carers and the children who may be unable to live safely with their parents. It includes resources for family members to help them understand the purpose of an initial assessment, what it will entail, what they need to consider and how to get independent advice.
• The impacts of abuse and neglect on children; and comparison of different placement options: Evidence review: The Department for Education has recently published an evidence review examining the effects of abuse and neglect on children, and whether different placement types affect their outcomes.
• Guidance on “Financial Needs” on Divorce:  This guide has been produced by the Family Justice Council and is addressed primarily to courts and legal advisers.  It is intended as a useful tool in relation to the making of orders to meet financial needs following divorce and the dissolution of civil partnerships.
• Psychologists as expert witnesses in the Family Courts in England and Wales: Standards, competencies and expectations
  Guidance produced by The Family Justice Council, in conjunction with the British Psychological Society
• Experts
  FJC Funded Research into the Quality of Psychologists Report used in Family Proceedings
• Family Jurisdiction
  Greater Manchester Family Proceedings
• Mediation Guide for judges, magistrates and legal advisors
  Prepared by the Family Mediation Council and the Family Justice Council
• Family Court Guide
  This is a framework of good practice which sets out Presidential Guidance, the rules and Practice Directions
• How to get a divorce or end a civil partnership without the help of a lawyer
• Vulnerable Witnesses and Children Working Group Final Report
• Children’s relationship with separated parents to be emphasised by new law
  A new law taking effect today will reinforce the importance of children having relationships with each parent following family breakdown.
• Applying for a financial order without the help of a lawyer
• Protocol for process servers: Non-molestation orders
  This is an agreed protocol for the service of non-molestation orders and injunctions made by the courts
• Financial Dispute Resolution Appointments
• Guidelines in relation to children giving evidence in family proceedings
  Produced by the Family Justice Council Working Party …
• MARACs and disclosure into court proceedings
  Multi-agency risk assessment conferences (MARACs) are a recent development in addressing the highest risk cases of domestic abuse.
• ‘Capacity’ Guidance
  The Court wants to check my capacity – what does this mean?
• Applying for a court order about the arrangements for your children without the help of a lawyer
• Legal Aid
  Legal Services Commission (LSC) published a consultation on award criteria and bid process for the new contracts
• Sorting Out Finances on Divorce
  This guide provides information for separating couples who are negotiating their own financial agreements on divorce or dissolution of a civil partnership.
• Going to Court about a Family Issue?
  This leaflet is for litigants in person to alert them to a series of online family law guides
• Appropriate Dispute Resolution
  Guidance produced by the FJC
• Domestic Violence
  This is to set out clearly an agreed protocol for the service of non-molestation orders and injunctions