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ARTICLE · 29 SEPTEMBER 2020

Family Court's Function Is Not To Micro-Manage Disputes

Charles Russell Speechlys LLP
Charles Russell Speechlys LLP
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Charles Russell Speechlys LLP

Charles Russell Speechlys LLP

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In a recent case involving a child and a mother's medical records, the judge made it clear that the court both could not and should not be involved with what he described as "micro-managing".

United KingdomLitigation, Mediation & Arbitration

In a recent case involving a child and a mother's medical records, the judge made it clear that the court both could not and should not be involved with what he described as "micro-managing". In this case, there was an appeal against an order which should not have been made for the disclosure of five years' worth of a mother's medical records in a case in which it was accepted by both parents that the child would be spending a lot of time with the mother. 

The judge went on to say that by January 2021 he expected that there would be double the number of outstanding private law cases than January 2020 in the relevant court. Delays in the court system as a result of the pandemic have obviously been playing a significant part. The judges have an unprecedented case load and cannot provide the public with the legal service they need if their lists are clogged up with unnecessary high conflict private law litigation. 

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