As from 2 October 2000 the law of this country will be subject to, and must be viewed 'through the prism of' the European Convention on Human Rights (ECHR).

Family law is no exception to the general rule.

Here is a brief outline of the rights which may be most significant.The right to liberty (art 5)'Everyone has the right to liberty and security of person.

No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law.'A person may be deprived of his liberty by:(b) 'the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law' and;(d) 'the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing him before the competent legal authority'.'Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him'.The right to a fair trial (art 6)'Everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.' This is one of the most important Convention rights; the rule of law, which underpins the whole Convention, would be impossible without it.Note the following points:-- The individual must have right of access to a court.-- The proceedings must be fair.-- Any hearing must be within a reasonable time.-- The tribunal must be independent and impartial.-- The hearing, and pronouncement of any decision, must be in public.The following principles have been developed by case law:-- The concept of 'equality of arms'.

Each party must be afforded a reasonable opportunity to present his case, including his evidence, under conditions which do not place him at a substantial disadvantage vis-a-vis his opponent.-- Both parties must have access to all evidence.-- No-one may be required to incriminate himself.-- Reasons for any judgment must be given.Article 6 also contains certain provisions dealing with the rights of persons charged with criminal offences.

These include:-- The presumption of innocence.-- The right to be informed promptly in detail of the nature and cause of the accusation against him.-- The right to adequate time and facilities of the preparation o f a defence.-- The right to call evidence and to (cross) examine witnesses against him.Do not think that these are irrelevant for family lawyers.

In deciding whether proceedings are 'criminal' for the purposes of Art 6 the nature of the offence and the severity of the penalty which might be imposed must be considered.

The classification of the proceedings in domestic law is no more than a starting point, and if the domestic court has the power to impose a sentence of imprisonment this would normally lead to the proceedings being classified as criminal.Respect for private and family life (art 8)Everyone has the right to respect for his private and family life, his home and his correspondence.

The essential object of Art 8 is 'to protect the individual against arbitrary action by the public authorities': a court is a 'public authority'.

It has also been held that 'respect for private life must also comprise to a certain degree the right to establish and develop relationships with other human beings.' The right to a home has been held to be a right to occupy a home and not to be expelled or evicted.The right to marry and found a family (art 12)'Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right.' This is an absolute right in that the state has no right to interfere with it.

However, the exercise of the right to marry is subject to the national laws of the contracting states.The right to freedom from discrimination (art 14)'The enjoyment of the rights and freedoms set forth in this convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.'The right to property (art 1 first protocol)'Every natural person or legal person is entitled to the peaceful enjoyment of his possessions.

No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.'Equality of rights of spouses (art 5 seventh protocol)'Spouses shall enjoy equality of rights and responsibilities of a private law character between them, and in their relations with their children, as to marriage, during marriage, and in the event of its dissolution.

This article shall not prevent states from taking such measures as are necessary in the interests of children.'This article has not been included in the HRA, though it may well be included in future.

Its main effect will be on the law of ancillary relief; indeed, it seems that the principal reason for its omission was the potential difficulties which the government foresaw while the law of ancillary relief remained in its present state.

Despite advice to the contrary, the government's Green Paper 'Supporting Families' seems to contain renewed statements of the desirability of the enshrinement in the law of some principle of equality.

It is clearly possible that Art 5, if incorporated into domestic law, could provide a fruitful source of litigation and argument.On your marks for submissionsWhat effect will all this have? The right to property will give rise to some argument.

The right to peaceful enjoyment of property may be interfered with when, for example, a property adjustment order or an occupation order is made.

However, contracting states may control the use of property in accordance with the general interest by enforcing such laws as they deem necessary for the purpose, and there seem to be no reported cases which give any guidance as to how Art 1 might affect domestic family law.The right to liberty is obviously relevant in respect of powers of arrest, warrants for arrest, and arrest for breach of orders though it probably does not add to the existing domestic law which insists on strict compliance with all procedural requirements and formalities.The right to a fair trial will have an effect on everything.

In particular, prompt access to courts at short notice will be even more important.

One issue may be the requirement for a public hearing and the public pronouncement of judgment: were this adopted, procedure would have to change.

It might be that cases will continue to be heard in private with only the judgment being given in public.

Only time will tell.

It might also be argued that the obligation on parties to give full and frank disclosure could, in some cases, constitute a breach of the freedom from self incrimination.

It could also be arguable that a hearing without notice is a breach of the right to a fair hearing, but the court would have to have regard to the fairness of the process as a whole.

In any event, it will be necessary to ensure that careful and rigorous scrutiny is given to the grounds advanced on any application made without notice.

It may well be that even greater use will be made of the power to abridge time for service instead of making ex parte orders.