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- Andrew McFarlane was called to the Bar in 1977 and practiced in chambers in Birmingham until 1993 when he moved to specialist family law chambers in London. He appeared at all levels of court including the House of Lords and the European Court of Human Rights. He was appointed as a QC in 1998.
www.judiciary.uk/guidance-and-resources/president-of-the-family-division-the-rt-hon-sir-andrew-mcfarlane/President of the Family Division - The Right Honourable Sir ...
The current President of the Family Division, and Head of Family Justice, is Sir Andrew McFarlane. As well as the President – who is a member of the Court of Appeal – the Family Division consists of 19 High Court Judges.
Sep 2, 2020 · Hershman and McFarlane: Children Law and Practice is now in its 29 th year (and on update Number 86). It is the leading authority on children law, without doubt. Initially, they intended to write a different and far less ambitious book dealing only with care proceedings in the juvenile court.
Aug 2, 2022 · On 28 July 2018 Sir Andrew succeeded Sir James Munby as President of the Family Division and Head of Family Justice. Together with the late David Hershman he is the co-author of a loose-leaf legal text book entitled “Children: Law and Practice”.
- Introduction
- Signs of Change
- Compulsory Mediation in Family Cases?
- The New Australian Law: A Timely Example
- Reform: A Mistake to Focus Entirely on Mediation
- What Do We Mean by ‘Family Mediation’?
- What Can ‘Family Mediation’ Do to Be Ready For These Changes?
- An Idea
- Conclusion
It is 50 years this year since John Cornwell founded the solicitors firm, Dawson Cornwell, that bears his name. Ten years later he founded the Solicitors Family Law Association, now Resolution, which pioneered a more collaborative model of working. Six years later, in 1986, he co-founded that National Family Mediation Association, having himself be...
The first indicator of a need for change, and there being substantial pressure for it to occur, is, unfortunately, a negative one. Over recent years, the volume of private law children applications being made to the Family Court has significantly increased. In 2015, the year before the removal of Legal Aid for most parties, the number of private la...
Litigationis compulsory in the sense that, if one spouse/partner/parent starts proceedings, the other is made a party and must join in (indeed can be forced to do so if necessary). Many regard litigation as a poor substitute for a mediated settlement for resolving Family law issues. Litigation is likely to be lengthy and costly, both financially bu...
In September 2021, alongside the advent of a new unified Family court in Australia, a requirement was introduced for parties to make a genuine effort to resolve their dispute away from the court. Subject to certain exceptions, a process of Family Dispute Resolution is required before a court application can be filed. Dispute resolution is a broad t...
Mediation is but one part, albeit an important one, in a patchwork of resources that should be available to support separating parents, spouses and partners to resolve disputes. There is a clear need for the public to be much better educated about, or have far greater access to, information and advice about, parenting after separation. A survey con...
Although ‘Family Mediation’ is still a relatively young profession – and looking round this room that is palpably the case! – by which I mean a relatively new profession – it is still developing, but there is now a clear cohort of legally qualified mediators within the overall body of those undertaking this work. Whilst a mediator, whether legally ...
If there is to be an increased focus on resort to Family Mediation, and if many more couples are to be despatched to a MIAM, or even in compulsory engagement in mediation itself, is the Family Mediation profession ready for such a large step-change in the take up of its services? You in this audience will have your own answers to that question, and...
In closing, can I leave you with an idea. It is, I hope, one that naturally flows from all that I have said thus far. It is partly driven by a concern that drawing mediation and the mediator into the direct functioning of the justice process, by making it compulsory, may be a step which unnecessarily compromises the essential integrity of the conce...
I hope that what I have said has demonstrated that there is indeed a head of steam building for change in the way that separating parents and former partners can be supported in resolving disputes. Family mediation must play a central part in any such scheme of support. There is a need for Family mediators to be prepared for this change and to be a...
Sir Andrew McFarlane P delivered the following speech at the Jersey International Family Law Conference hosted by Corbett Le Quesne on Friday 8th October 2021. Supporting Families in Conflict: There is a better way.
Andrew McFarlane was called to the Bar in 1977 and practiced in chambers in Birmingham until 1993 when he moved to specialist family law chambers in London. He appeared at all levels of court including the House of Lords and the European Court of Human Rights. He was appointed as a QC in 1998.
Apr 24, 2018 · The judiciary has announced that Sir Andrew McFarlane, a Court of Appeal judge, will be the next president of the family division. McFarlane will take over from Sir James Munby, who retires on...
