Resolution has responded to the government consultation on the proposed new Pilot Practice Direction to provide for the Practice and Procedure in the Family Court under Part 3 of the Domestic Abuse Act 2021.
Resolution is committed to developing and promoting best standards in the practice of family law amongst both its members and amongst family lawyers in general.
We also campaign for better laws and better support for families and children undergoing family change.
The missing piece of the picture is the position of the person to be protected and the role they play in third party applications, and applications for variation and enforcement. And the extent to which their views will be taken into account on the protection they.
The person to be protected who is not the applicant may not even be a party to the proceedings. If they are not to automatically have party status, which we consider they should have, it should be very clear how they may apply to become a party.
While the procedure is fairly clear, there should be more onus on third parties and more detail and guidance provided for them on what the application for permission is required to set out. Particularly on what engagement they have had with the person to be protected and why the third party is making the application – why it is preferable for the applicant to apply than the person to be protected or why the person to be protected is not in a position to apply.