James Heappey
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Family Justice Reform
James Heappey Excerpts(6 years, 6 months ago)
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James Heappey (Wells) (Con)
It is exceptionally kind of you to call me, Ms Ryan, especially as I was a few minutes late arriving for the debate. I congratulate my hon. Friend the Member for Fareham (Suella Fernandes) on securing it. I had hoped to push my luck with a lengthy intervention on the Minister, but as time allows I can perhaps offer some thoughts in a slightly different area.
A female constituent came to me 18 months or so ago to complain that her ex-husband had been using the family courts vexatiously to incur costs and to cause her pain and control her. I wrote to the Minister’s predecessor, who was kind enough to reply. I thought that case was a one-off, but a second constituent has come forward and indicated the same thing. So, today, as we talk about family justice reform, I wonder whether I may add to the learned and wise recommendations that my hon. Friend the Member for Fareham has made and suggest that we encourage the Department to consider how, if at all, access to the family courts may be adjusted so that equal access to justice is maintained, but we have clear processes for denying access to the courts for those who seek to use them vexatiously or to cause pain and to control.
In one constituent’s case, they have been awarded the measure that denies use of the courts for up to a year, but, as soon as the year elapses, further legal processes are embarked on, which causes further pain to my constituent and her children. In another case, there is a significant imbalance in wealth between my constituent and her ex-husband. He brings about legal proceedings, incurring the cost in doing so, but when my constituent arrives for the proceedings, having also incurred costs in attending and being represented, she finds that her ex-husband does not turn up and has merely brought the case to cause her distress and financial cost.
It seems that in the case of my two constituents the family courts are allowing themselves to be a part of the very unpleasant and controlling behaviour of abusive ex-husbands. I wonder whether a better balance could be struck between equal, free access to the courts and denying their use to those who seek to use them to cause their ex-wives pain.