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Proceeding contribution from Bridget Prentice (Labour) in the House of Commons on Wednesday, 20 January 2010. It occurred during Adjournment debate on Ex Parte Applications (Family Courts).


Ex Parte Applications (Family Courts)

I will have to think about whether it would be appropriate for the review to do that. I promise the hon. Gentleman and my hon. Friend that I will look into that. As my hon. Friend knows, I was in touch with the president of the family division about this case when he raised it with me before. At that time, the president felt that no further guidance was needed. I will go back to him and ask him to look at it in more detail. I know that he expressed some sympathy with the situation that my hon. Friend put to him. There is considerable judicial opinion that ex parte applications should be used only in exceptional circumstances and that they should normally be heard on notice. I will ask officials to see whether they can find out whether there is a systematic exercise going on whereby some advocates are using Friday afternoons to make an application, in the full knowledge that it makes it very difficult for the respondent to have any opportunity to make a response. I will also raise the matter with the president of the family division in case further guidance is needed on that issue, as well as in general. I hope that in doing that, I will give my hon. Friend some succour in the idea that I am taking on board the difficult circumstances that he has outlined. I hope that the situation in which my hon. Friend's constituents found themselves is unusual, but if it is not, I assure him that the Ministry of Justice will make all possible representations to ensure that it does not continue to arise, and that ex parte applications are heard as they are meant to be heard. We will ensure that applicants and respondents have the opportunity to make their case and that children are not removed from a family home or a parent with care without proper consideration and investigation of the circumstances surrounding them. Question put and agreed to. House adjourned.


Secondary information

Type
Proceeding contribution
Reference
504 c412 
Session
2009-10
Chamber / Committee
House of Commons chamber
Subjects
Administration of justice Legal profession Family courts
Link
View this Proceeding contribution on www.publications.parliament.uk