---

Ex Parte Applications (Family Courts)

I congratulate my hon. Friend the Member for Liverpool, Walton (Mr. Kilfoyle) on securing this debate on a subject about which he is clearly passionate. It affects people at a most vulnerable time in their lives, and I know how strongly he feels about the way in which private disputes concerning children are resolved in our court system. The way in which ex parte relief is obtained in family proceedings varies widely. I am not sure that that is any comfort to him, and I would like to see more consistency, too, but safeguards usually minimise the drastic effects that such orders can have. In particular, in all ex parte applications it is likely that article 8 of the European convention on human rights, on the right to respectful private and family life, and article 6, on the right to a fair hearing, will be engaged for many if not all the parties—and the courts have to pay full regard to the parties' convention rights. For a few minutes I shall talk in general terms about ex parte applications, and then I shall consider how we might move the issue forward.