ABSTRACT
However, the recent Final Report of the Family Justice Review (FJR) proposes a slightly different approach to the application of the welfare principle and the detailed heads of s 1(3): the Report presses for a future targeted towards self-administered parental agreement on the basis of the s 1 principles rather than their application by a judge, followed it appears by a new ‘child arrangements order’ which has thus been crafted by the parents and would replace the present s 8 residence and contact orders; although the Report does not go into precise detail as to how this is to be achieved, other than to mention parenting plans and support through mediation. This scheme, if implemented as it appears to be outlined in the Report, will not in theory make a great deal of difference to the manner in which the results of s 8 orders are achieved at the present time, except to take the whole family out of the litigation process, which has been noted by the President of the Family Division to be stressful and damaging to children (although it is not suggested by anyone that such litigation is not stressful also to parents, so that if such a result could be achieved it would not only save scarce court resources and thus substantial costs to the Ministry of Justice but would be a positive step in reducing confl ict in Family law cases).
