Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what assessment he has made of the adequacy of parents' access to remedies where new evidence emerges following the conclusion of Family Court proceedings.

A party may be able to appeal against a decision made in family proceedings, where there are grounds to do so. Such appeals have strict timescales in which to be undertaken. More information can be found at: https://www.gov.uk/guidance/appeal-a-decision-in-a-family-law-case and https://www.complaints.judicialconduct.gov.uk/.

In cases where new evidence emerges following the conclusion of family court proceedings and, in light of this, where a party has concerns that arrangements are no longer working, there are processes in place. In cases where a party is concerned that a Child Arrangements Order is no longer suitable there are routes available for the court to consider these cases. If an individual wishes to apply to have a Child Arrangements Order varied or discharged, they must complete the C100 form. Further information can be found on changing a Child Arrangements Order at: https://www.gov.uk/looking-after-children-divorce/change-or-enforce-an-order.

In a recent judgement in the case of Re Y, the former President of the Family Division referred to the Family Justice Council a proposal to develop an alternative procedural approach, in cases where “parental alienation” had previously been found based on evidence from so called “parental alienation” experts, so as to provide a more proportionate and less costly alternative to the full application procedure.