Andrew McFarlane
Retired judge
1
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Jun 10, 2026
The Overhaul of Family Law: Will there be a fairer end to relationships?
7:21
7:28
7:49
8:16

Andrew McFarlaneGUEST
The headline wasn't replicated in the text of what the minister said, but her description of it is spot on.

Andrew McFarlaneGUEST
And that's the aim, is to move away from adversarial hearings and to focus on the child, and to do so at the earliest opportunity by stalling the parties from coming to court until the court is armed with a full report from the social worker, the court-appointed social worker from Cafcass, which is called a Child Impact Report.

Andrew McFarlaneGUEST
And so the first hearing is, the dynamic is that the judge, instead of sitting back and asking the couple what this is all about and being led by them, and really the judge having no separate knowledge, the judge, in my mind's eye, is leaning forward in her chair or his chair saying, "Well, look, you two, look at the impact on your child of what's going on now.

Andrew McFarlaneGUEST
The second element, which is crucial, is that this whole model grew out of what was called the Harm Panel Report, which had been undertaken by the Ministry of Justice in 2020, which said that there has got to be a better way of engaging with issues of domestic abuse in the family court, and this model was developed for that.