Supporting families and campaigning for change

I was fortunate enough to be on a panel of international experts at the Hong Kong Family Law Association Modern Families Conference last month. We discussed the impact of separation on our clients: particularly the pressure of unresolved emotional needs and with a specific emphasis on international families separated from their support network. It was fascinating to hear from peers in other countries about their approach.

The overarching principle was the importance of tailoring our approach to each specific client and their individual needs. Understanding our clients, their experiences, their responses and their perspectives is key to finding solutions that will work best for them. It can be as simple as knowing when is best to schedule calls and conferences or knowing whether they receive information better in writing or verbally. For other clients it is more complex –for example understanding their neuro-diversities or mental health challenges. In all cases, getting to know our clients is key.

Understanding my client's journey and their resultant needs is particularly crucial where they are in the process of recovering from, or on the brink of ending, abusive relationships. Providing advice, protection and support are critical but so too is the need to listen and understand their priorities and give them the space to make their choices. At the conference it was apparent that we have all developed networks of experts to rely on to help provide clients with the emotional as well as legal and financial support they need.  

In England and Wales, over the last 7 years the court has increasingly recognised the need to provide support to vulnerable people in court proceedings, and to ensure that they feel as comfortable and safe as possible during proceedings. This includes providing separate entrance and exits, screens during evidence so that they cannot see the perpetrator, support workers to be present, and (most recently and crucially) refusing to allow a perpetrator to question the victim-survivor directory.  

However, there is still a long way to go. I have been working closely with Resolution (a community of family justice professionals) to look at the impact of domestic abuse on the court's approach to financial remedies. Resolution surveyed over 500 professionals working with families pursuing financial applications on divorce. The results were dispiriting – with an overwhelming majority of professionals raising serious concerns that the court is not adequately dealing with abuse in these types of proceedings. However, Resolution published a report setting out not just the results of the survey but also detailing specific, targeted and practical recommendations for change. Changes which I endorse and will continue to champion, to ensure that those turning to the court following abusive relationships receive the care and protection they deserve.

The bar for being able to raise abuse within financial proceedings is high, which means it is often not referred to at all. The danger in that is that the court is unaware of an important context and this can be relevant in how to deal with a variety of applications – examples include: keeping both parties on an equal financial footing during proceedings, ensuring financially weaker parties can manage their finances and pay the legal fees; dealing robustly with a failure to provide financial disclosure, and dealing compassionately with concerns over out of court alternatives. 

With regard to the latter, the courts increased focus on parties finding solutions away from court (for example through mediation, arbitration, one couple one lawyer) is laudable and can reduce costs, acrimony and delay. However, where one partner is abusive and/or controlling those alternatives do not always provide the level of support and protection required. 

Resolution's report provides solutions to these difficult dynamics, and also raises awareness and encourages conversations amongst professionals about how to ensure that our clients receive the support they need. 

My experiences with Hong Kong Family Law Association and Resolution have been interesting and inspiring. Working with other professionals, both globally and locally, is a great way to share insights and understanding of our client's experiences. Being a part of a force for change ensures that the family justice system continues to adapt and change to meet the needs of those who come to it for protection.