Solicitors in Milton Keynes - Family Law, Motoring Law, Domestic Violence

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CRIMINAL COURT AND FAMILY COURT WORK IN SILOS

Working in silos is not always a bad thing. This method of working is to be commended where secrecy is paramount and security needs to be tight. However, you would expect there to be a fool-proof way of ensuring that information that did need to be disclosed, could be disclosed, was in fact disclosed and disclosed quickly!

Enter the Family Justice System and the Criminal Justice System! The cornerstones of our legal systems are failing to coordinate and, in some cases, even work in a contradictory way. According to the ‘Harm Report’ they ‘do not always’ (rarely in my experience!) share information, often adopt different approaches and ‘sometimes’ (almost all of the time in my experience!) reach conflicting and contradictory decisions.

All of this is exemplified by the Family Court’s ‘pro-contact culture’. This culture often prevails even in cases where there is proven serious domestic violence, on the grounds that such violence is ‘historical’. There is of course a tension between this and Restraining Orders which are rightly made in the Crown Court. In one case, the Family Court made a contact order requiring the wife to personally hand over the child to the husband despite the existence of a Restraining Order preventing any contact between the husband and the wife. You couldn’t make it up!

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