ABSTRACT
Procedure has changed under the CA 1989. All three tiers of the family courts can make public as well as private law orders under the Act, and the procedure has been developed to be uniform in all courts. It is now form based, supported by carefully controlled evidence, usually in the form of statements rather than affidavits and excluding any evidence not directed to be filed by the court or adduced with leave, including expert reports which are prohibited without the court’s consent. Limited hearsay is admitted. The object is to informalise the procedure while carefully controlling any tendency on the parties to use evidence which may inflame the dispute and reduce the chances of settlement. The no delay principle is strictly enforced with a timetable for hearings and directions, and cases may not be settled and withdrawn without leave of the court.
