Family law: encouraging a cooperative, consistent approach

Tuesday 28 February 2006

The Law Society is launching the indispensable second edition of the Family Law Protocol. A launch event will be held at Carey Street on Thursday, 30 March 2006, from 6.00pm to 8.00pm.

”The motivation behind developing the first edition was to encourage all family practitioners to adopt a cooperative approach to family law and improve consistency of practice across the profession.

”The protocol is an indispensable tool to all family practitioners and provides an updated overall view of good practice in all family law matters,” said Kevin Martin, president of the Law Society.

The protocol is divided into six sections, each dealing with a specific area of family law. The sections cover dissolution of marriage, children, ancillary relief, domestic violence, cohabitation and mediation. Each section sets out a guide to best practice in each area.

Developed by the Law Society in association with other leading organisations, interest groups and figures in the field, this is the text for family law practitioners to follow.* One free copy has been sent to all family law practitioners.

The first edition of the protocol was published in 2002. It was a Law Society initiative, written by a drafting group which included members of the Solicitors Family Law Association (now Resolution), the Legal Services Commission and the (then) Lord Chancellor’s Department. Wide consultation took place during the drafting of the protocol, including practitioners, the judiciary, government, mediation organisations and those involved in providing other support services.

Kevin Martin said:

”The protocol has been endorsed by many members of the judiciary and government as well as most organisations involved in family law. The second edition has extended the content of the first and has been amended to take account of changes in the way that law is practised and changes in the law itself.”

There are particular changes in this edition to the sections on cohabitation, domestic violence and mediation. The changes include

  • a new section on committals
  • parental responsibility for unmarried fathers under the Adoption and Children Act 2002
  • changes to mediation including collaborative law and other ADR methods
  • domestic violence and its effect on contact and residence applications
  • the effect of the new Civil Partnership Act 2004
  • new and expanded appendices

A launch for the book will take place at Carey Street on Thursday, 30 March 2006, from 6.00pm to 8.00pm. Kevin Martin, Law Society president, Sir Mark Potter, president of the Family Division, and Christina Blacklaws, chair of the Law Society’s Family Law Committee, will speak at the event. For more information please e-mail Ashmita Shah at ashmita.shah@lawsociety.org.uk.

* The Family Law Protocol has been produced by the Law Society with Resolution, the Legal Services Commission and the Department for Constitutional Affairs.

The Law Society regulates and represents the solicitors’ profession in England and Wales and has a public interest role in working for reform of the law.

For more information, call the Law Society Press Office, on 020 7320 5811.

Melissa Davis
Press Officer
The Law Society
113 Chancery Lane
London WC2A 1PL
Tel: 020 7320 5811