1.1. The Family Law Act 1996 derives from recommendations from the Law Commission in its October 1990 report Family Law - the Ground for Divorce. (endnote 1)The Government published a consultation paper based on the Law Commission report in 1993 and in April 1995 published a White Paper entitled Looking to the Future - Mediation and the Ground for Divorce.
1.2. The proposals in the Government's White Paper were largely reflected in the clauses of the Family Law Bill. This Bill was introduced on 16 November 1995 and received Royal Assent on 4 July 1996.
1.3. Part I of the Family Law Act sets out the general principles which underlie Parts II (divorce and separation) and III (legal aid for mediation in family matters). These principles are:
| (a) | that the institution of marriage is to be supported; |
| (b) | that the parties to a marriage which may have broken down are to be encouraged to take all practicable steps, whether by marriage counselling or otherwise, to save the marriage; |
| (c) | that a marriage that has irretrievably broken
down and is being brought to an end should be brought to an end:
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| (d) | that any risk to one of the parties to a marriage, and to any children, of violence from the other party should, so far as is reasonably practicable, be removed or diminished. |
1.4. During the passage of the Family Law Bill, it became clear that implementation of the provisions relating to divorce and mediation would be a difficult and lengthy process. The Lord Chancellor announced his intention to establish a body which would provide him with independent advice on the implementation and operation of what is now the Family Law Act.
1.5. The intention was that the Advisory Board on Family Law would be able to take a broad, strategic view of all aspects of the new law, considering the application of the principles set out in Part I (above). The aim was also to promote a multi-disciplinary approach to the implementation of the Act and its subsequent operation.
1.6. The Board is a non-statutory, advisory non-departmental public body. It has no executive functions or management responsibilities for the implementation of the Act.
1.7. The chairman and members of the Board were selected by open competition (with the exception of Mr Justice Wall who was appointed by the Lord Chancellor after consultation with the President of the Family Division). A list of the members is provided at Annex A. Secretariat support is provided by the Lord Chancellor's Department.
1.8. The Advisory Board has met five times during the year.
1.9. The Lord Chancellor has given the Advisory Board the following terms of reference:
The Advisory Board on Family Law will advise the Lord Chancellor on issues arising from the implementation and operation of the Act and on the application of the principles in Part I.
The Board will consider in particular issues arising from the mediation and information meeting pilots.
The Board will consider developments in research into supporting marriage and preventing marriage breakdown.
The Board will maintain an overview of the working of the policies embodied in the Children Act within the family court system.
These terms of reference may be reviewed and amended as progress is made on implementation. The Board will operate for five years.
1.10. As can be seen from the terms of reference, the Advisory Board has a role in maintaining an overview of the policies embodied in the Children Act 1989 within the family court system. At the first meeting of the Advisory Board, it was agreed that a Children Act Sub-Committee would be set up to give detailed attention to this role; reports from the Sub-Committee are considered at the next meeting of the Advisory Board. The Sub-Committee met twice during the year. A list of the members of the Sub-Committee is provided at Annex B.
1.11.The Lord Chancellor has ministerial responsibility for private law on children (i.e. disputes between parents and other family members). Lead responsibility for public law (i.e. disputes between parents and the state) lies with the Department of Health. A representative from the Department of Health attends Board and Sub-Committee meetings to observe and comment on those Children Act issues which fall to the Secretary of State for Health.
1.12.The Children Act Sub-Committee has assumed some of the responsibilities of the Children Act Advisory Committee, which ceased operation in June 1997. However, it has a different remit, namely to maintain a broad strategic overview of the major policy issues, and not to become involved in more detailed operational issues.
| 1 | Law Commission 192 (1990). |