Changes to Family Procedure Rules

From February 1st the Family Procedure Rules have been amended after recommendations by the Family Justice Review made in 2011 come into force. These review effects Part 25 (Experts and Assessors) which stipulates cutting the number of expert witnesses called in family cases.

This will represent Rule 25.1 and means that evidence from experts such as psychologists and doctors would be heard if thought ‘reasonably required’, with tougher tests intensifying, allowing evidence only if it is deemed ‘necessary’.

The president of the Family Division Sir James Munby said: ‘There is no question of families being denied the chance to call evidence they need to support their case or being denied a fair hearing. But the new test gives judges more control over expert evidence in family proceedings.

‘The rule change gives family judges the means to make robust case management decisions to make sure the expert evidence is focused and relevant.’

The main reasoning behind the changes is to cut down on court time, causing excessive court delays and overall costs.

The Ministry of Justice said: “Additional factors are specified in proceedings involving children. These include what other expert evidence is available, including any obtained before the start of proceedings, and whether the evidence could be obtained from another source, such as one of the parties or professionals already involved in the case.”

If you would like more information regarding Family Law and the relevant changes please contact our Family Law Specialist Colin Mitchell at the Bournemouth office on 01425 278866.