Family practice protocol could be in place this year

Family practitioners could be conducting cases using a 'best practice' protocol by as early as the end of this year, the Law Society and Solicitors Family Law Association (SFLA) announced this week.

The protocol will cover all areas of family practice including divorce, public and private child law, domestic violence and cohabitation.

It will also cover post-issue ancillary relief claims - a pre-issue protocol for ancillary relief claims is already in use (see [2000] Gazette, 31 May, 5).

Breaches of the protocol could lead to costs sanctions if it is formally adopted by the Lord Chancellor's Department (LCD).

The protocol will encourage practitioners to approach matters in a non-adversarial way, for example by discouraging inflammatory correspondence.

Examples of best practice would include encouraging practitioners to agree grounds in unreasonable behaviour petitions before issue and not naming third parties in adultery petitions.

Peter Watson-Lee, newly-appointed chairman of the Law Society's family law committee, said it was hoped that the proposals dealing with mediation would replace the need for further legislation requiring couples to attend compulsory mediation meetings.

'We hope the protocol will be accepted by the LCD and judiciary and will become accepted practice in family matters, with sanctions where necessary,' he added.

SLFA chairman Rosemary Carter said it was 'enormously important' that the Law Society and SFLA gave guidance to practitioners at a time of such great change in family law.

'If we fail to do so we can assume direct regulation by the LCD or the president of the family law division,' she said.

Sue Allen