Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what assessment he has made of the accessibility of appeals processes in Family Court proceedings involving child protection cases.

A party may be able to appeal against a decision made in family proceedings, where there are grounds to do so. Such appeals have strict timescales in which to be undertaken. More information can be found at: https://www.gov.uk/guidance/appeal-a-decision-in-a-family-law-case and https://www.complaints.judicialconduct.gov.uk/.

In cases where new evidence emerges following the conclusion of family court proceedings and, in light of this, where a party has concerns that arrangements are no longer working, there are processes in place. In cases where a party is concerned that a Child Arrangements Order is no longer suitable there are routes available for the court to consider these cases. If an individual wishes to apply to have a Child Arrangements Order varied or discharged, they must complete the C100 form. Further information can be found on changing a Child Arrangements Order at: https://www.gov.uk/looking-after-children-divorce/change-or-enforce-an-order.

In a recent judgement in the case of Re Y, the former President of the Family Division referred to the Family Justice Council a proposal to develop an alternative procedural approach, in cases where “parental alienation” had previously been found based on evidence from so called “parental alienation” experts, so as to provide a more proportionate and less costly alternative to the full application procedure.