Introduction

This chapter introduces the principles that guide the functioning of the family court. Its first priority is the welfare of children, known as the ‘paramountcy principle’ which it determines with reference to the welfare checklist. Public proceedings may be instigated by a local authority if it is thought that the welfare of a child is being compromised; private proceedings by separated parents who are disputing arrangements for the care of the children. The procedures of the court are based on an adversarial approach in which the parents and/or local authority present evidence to support their case whilst the judge may also take an inquisitorial position in which some control is taken over the process. Expert witnesses may only be appointed if their input is deemed necessary for justice to be achieved. The overriding duty of experts is to the family court. Their practice is governed by Part 25 of the Family Procedure Rules and compliance is required with Standards for Expert Witnesses in Children Proceedings in the Family Court. Experts must adhere to the court timetable in order to avert delay to the proceedings which can be harmful for children.