'Sex, Death and Witchcraft' - What Goes On In The Family Court Room? - Jo Delahunty QC

TL;DR

This lecture provides an introduction to the family justice system, discussing its inner workings, legal framework, and the complex and demanding cases it handles.

Transcript

well hello everyone I hope that what I go through in this opening lecture will be sufficient of a teaser to see some of you back for the subsequent ones I intend to deliver my motivation in taking on this professorship was effectively to shine a fire a light on the workings of the family justice system which too often is described as secret and rem... Read More

Key Insights

• 👨‍⚖️ The family justice system aims to bring transparency to a system that is often described as secret and remote.
• 👨‍⚖️ The burden of proof and standard of proof in the family justice system differ from those in criminal law.
• 👶 The court intervenes in cases of child abuse to protect the child from significant harm, considering evidence from various experts.
• 😷 The family justice system deals with a wide range of complex and sensitive issues, including cultural beliefs, medical cases, and matters of life and death.
• 👪 The court's decisions in the family justice system can have lifelong consequences for children and their families.
• 👨‍⚖️ The role of barristers and solicitors in the family justice system differs, with barristers offering specialized legal advice and representation.
• 😤 The court operates as a team, with cooperation between barristers, solicitors, and judges.

Questions & Answers

Q: What is the difference between a barrister and a solicitor in the family justice system?

Barristers primarily provide specialist legal advice and representation, including advocacy and advice on the law. They are engaged in complex cases that require expertise. Solicitors, on the other hand, are responsible for the administration and organization of cases and act as the interface between the client and the courts.

Q: What is the difference between criminal law and civil law in the family justice system?

Criminal law focuses on determining guilt beyond a reasonable doubt and deals with past events. Civil law, including family law, operates on the balance of probabilities and takes into account both past events and future projections to make decisions in the best interest of the child.

Q: How does the family justice system handle cases involving child abuse?

The court intervenes in cases of child abuse when the child is at risk of significant harm. The judge decides if the child can remain in their home or if they should be removed. The court looks at evidence presented by the local authority and ensures that proper processes are followed, providing notice to parents and legal representation for the child.

Q: What are some of the issues and topics addressed in the Family Division of the family justice system?

The Family Division handles a wide range of issues, including international law, culture, religion, politics, matters of science, medical cases, and matters of life and death. The court makes decisions that have a significant impact on individuals' lives and faces the challenge of balancing the rights of individuals with the best interests of the child.

Summary & Key Takeaways

• The lecturer aims to shed light on the often-secretive family justice system and discuss the issues it deals with on a daily basis, aiming to foster an informed debate.

• The lecture covers the difference between civil and criminal law and how they operate in the family justice system.

• The lecturer explains the burden of proof, standard of proof, and the circumstances that may lead to the removal of a child from their home.