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PART 2
Guiding Principles
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Guiding principles
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8. (1) In any family law proceedings—
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(a) a court sitting to hear and determine family law proceedings, and
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(b) a practising barrister or a practising solicitor representing a party in such proceedings,
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shall, without prejudice to its or their functions under any enactment or rule of law, have regard to the principles set out in subsection (2).
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(2) The principles referred to in subsection (1) are those of:
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(a) in proceedings in which the welfare of a child is involved or likely to be affected by the outcome, ensuring that—
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(i) the best interests of the child are a primary consideration in the conduct of the proceedings,
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(ii) the child is informed, as appropriate to his or her age and capacity and the nature of the proceedings, of developments and progress in the proceedings and the outcome of the proceedings,
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(iii) in respect of a child who is capable of forming his or her own views and where the child wishes to express such views, in so far as is practicable, the views of the child are ascertained and given due weight having regard to the age and maturity of the child, and
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(iv) there is no unreasonable delay in determining the proceedings;
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(b) encouraging and facilitating in so far as is possible the parties to the proceedings to achieve consensus to resolve their family law disputes without recourse to the courts, including by the resolution of issues in dispute by means of alternative dispute resolution methods, such as mediation, unless resolution by such means would not be appropriate due to the nature of the proceedings or the risk of adversely affecting the safety of a party to the proceedings or a child to whom the proceedings relate;
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(c) promoting and engaging in active case management practices, including time limits and maximum word counts for submissions;
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(d) conducting proceedings in a manner which—
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(i) in so far as is possible, is user-friendly and accessible for the parties to those proceedings,
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(ii) minimises the risk of the safety of any party to the proceedings or a child to whom the proceedings relate being adversely affected, where the safety of such a party or child is involved,
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(iii) expeditiously identifies the issues in dispute,
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(iv) in so far as is possible, facilitates the parties in reaching agreement on the resolution of the issues in dispute,
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(v) in so far as is possible, minimises conflict between the parties, and
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(vi) is just, expeditious and likely to minimise the costs of those proceedings.
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(3) In any family law proceedings, the parties to those proceedings shall, without prejudice to their rights and obligations under any enactment or rule of law, have regard to the principles set out in subsection (4).
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(4) The principles referred to in subsection (3) are those of:
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(a) endeavouring to achieve consensus to resolve family law disputes between the parties to the family law proceedings without recourse to the courts, including by the resolution of issues in dispute by means of alternative dispute resolution methods, such as mediation, unless resolution by such means would not be appropriate due to the nature of the proceedings or the risk of adversely affecting the safety of a party to the proceedings or a child to whom the proceedings relate;
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(b) participating in proceedings in a manner which, in so far as is possible—
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(i) ensures, in respect of proceedings in which the welfare of a child is involved or likely to be affected by the outcome—
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(I) that the best interests of the child are a primary consideration in the conduct of the proceedings, and
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(II) that the child is informed, as appropriate to his or her age and capacity and the nature of the proceedings, of developments and progress in the proceedings and the outcome of the proceedings,
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(ii) minimises the risk of the safety of any party to the proceedings or a child to whom the proceedings relate being adversely affected, where the safety of such a party or child is involved,
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(iii) facilitates agreement being reached on the resolution of the issues in dispute,
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(iv) minimises conflict between the parties, and
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(v) is expeditious and likely to minimise the costs of those proceedings.
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