civil/family court user groups quarterly agendas and minutes

AuthorityGeneral Registry
Date received2025-10-07
OutcomeNo information sent - all held but exempt
Outcome date2025-10-22
Case ID4978921

Summary

The requester sought quarterly agendas and minutes for Civil and Family Court User Groups from 2019 to date, but the General Registry withheld all information citing exemptions.

Key Facts

  • The request covered Civil and Family Court User Groups from 2019 to the present.
  • The authority held 46 documents totaling 160 pages but released none.
  • The outcome was determined as 'No information sent - all held but exempt'.
  • Sample content included a Family Court agenda from October 2020 and a Civil Court extraordinary meeting from May 2020 regarding COVID-19 procedures.
  • The Civil Court meeting discussed remote hearings, electronic filing, and the progression of summary procedure matters during the pandemic.

Data Disclosed

  • 2019
  • 2020
  • 2022
  • 21st October 2020
  • 2.30 P.M.
  • 11th July 2018
  • 1st May 2020
  • 11:00am
  • 160 pages
  • 46 documents

Original Request

Further to a search of answers to FOI questions on "court users group" with 0 search results and the lack of a government response to the public consultation in 2022 to finalise the code of practice proactive publication that would have required the information to be proactively published, please supply copies of agendas, agenda item documents and minutes with action points of what appear to be quarterly meetings from 2019 to date with indication of cancelled meetings in lockdowns etc in relation to (1) the civil court users group and (2) the family court users group.

Data Tables (86)

4. Litigants in person – guidance for Action
raised the issue of whether there should be guidance issued for Litigants in Person (LiP) in terms of how they should behave both in court and in dealing with the advocate on the other side. commented that Resolution provides guidance on how practitioners should treat LiP but nothing for the other way around. In some cases the police had been involved and even an ASBO issued for a particularly difficult LiP who consistently used bad behaviour/abuse etc. towards practitioners. commented that since lockdown there seemed to be more disputes and more LiP and there is heightened tetchiness as people are more anxious. said that often the advocate is seen as an extension of their client by the LiP (on opposite side) so they are subjected to animosity from the LiP. further commented that LiP needed guidance on reasonable response times as the LIP is just working on their own case and often had unrealistic expectations regarding receiving instant responses from busy practitioners with multiple cases. DN asked the profession to consider the current guidance that exists on the court website and consider drafting additional guidance for LiP regarding expectations as to acceptable behaviour. from the Law Society agreed to look into this. DN stated there could be a more obvious link on the court website to point LIP’s to any new guidance notes as well as to existing guidance. DN stated that if new guidance notes were issued the court could request that LIP’s communicated to the Court that they had read the guidance. to arrange for draft guidance notes. DN to await suggested new guidance note and then consider publishing new leaflets
5. Change of schools – Parents’ consent Action
reported that the Department of Education/School is accepting instruction from just one parent when that parent has made a unilateral decision to move a child’s school in circumstances when both parents have parental responsibility. Schools seemingly did not have a clear policy on the acceptance of instruction from only one parent. In the case that cited the school had referred her to at the Attorney General’s office. There was consideration as to seeking a Prohibited Steps Order but the child in question was already registered and settled in the new school. stated she had similar experience with flu vaccination agreements where the authorities seemed to favour the resident parent even if both sides have PR in that they will only take instruction from the resident parent. DN stated he would write to the AG to indicate that parents are using PR DN to write to
6. Court Welfare Service Action
The difficulty encountered due to the unfortunate absence was discussed. The concern was that the Service and its vital work for the court was vulnerable to staff shortage and a number of cases had been delayed due to this problem. DC indicated that she had committed to full time working until the end of the month and currently was doing all the CWO work. DN had written to the Probation Service expressing the court’s concern over the difficulty. He commented that the Court Welfare Service is a scarce resource and the system is under extreme pressure. commented that the use of private alternatives is not always possible as there are funding issues. DN indicated he would wait until the end of the month to see if the situation resolved itself. Await developments
7. Contact Centre Availability Action
gave an update as to the out of hours contact centre. The provision of the facility operated by the Children’s Centre was subject to a contracting process but the process of drawing up contracts had apparently stalled. All contact offered through that facility would be “supported” rather than fully supervised. The proposal for this service had been sent to the Attorney General’s office in February 2019 which is where it had remained. As at October 2020 nothing has been signed off or agreed with the AG. commented that whilst the facility had not been available the expectations of parties had lessened and parties had found other ways to facilitate contact. agreed that there appeared to be a change of mind- set in the profession due to the lack of provision. However there would still be cases which would make use of the facility so DN indicated he would make inquiries. DN to write to the AG clarifying where the contract drafting process had reached
8. Legislative changes Action
Diversion of Offenders and Domestic Abuse Bill This has been going through Tynwald since March 2019. will email for an update
9. Mediation Action
reported that are having 6 months away from offering a mediation service.
10. Training and Continuing Professional Development Action
reported that there is no conventional training being offered at the moment due to lockdown. Zoom training is the only type available at present. It was suggested that new advocates need to be trained in Resolution principles. reported that there is excellent training available over Zoom on The Family Law Hub (Class Legal) and suggested that perhaps the Isle of Man Law Society could fund this. DC requested to be included in any training offered as it would be of great benefit to her. commented that training is needed to assist young practitioners in the to look into this
11. Any other issues Action
COVID-19 DN thanked the profession for how they managed their clients’ expectations during the lockdown. He was very impressed with all practitioners’ ability to persuade their client’s to compromise where possible. commented that COVID showed how to deal with things quicker. One issue discussed was the need for automatically giving the date of a first directions appointment when applications were received. DN indicated that he was open to considering alternatives, however where LiP were involved a date would be needed. Reflection would also need to be given to what the actual rules required. DN to check the rules regarding first hearings
10. Date of next meeting Action
Provisional date set as 24th February 2021 at 2.30pm
• DN updated the group about an email received from in relation to the out-of-hours supported contact service. In summary the IOMCC was no further forward with an out of hours service contract despite being in touch with the Dept. of Home Affairs. However the Children’s Centre was still able to offer supported contacts through their normal referral process subject to having staff available (understood to be during business hours and not at weekends). • DN suggested that for any cases needing to be ‘supervised’ (i.e. supported contact) advocates could get in touch with the Children’s Centre. commented that it seems this is a service that was only provided during office hours Monday to Friday. informed that she recently had a referral to the service and found it to be very helpful, confirming this was provided on a week day. • DN opined that the issue of not having an out-of-hours service should perhaps also be raised within the letter to the Minister. All present agreed. • commented that the lack of progress may have been due to the departure of the previous manager of the CW Service. • asked if it was worth copying the Children’s Champion in to the letter. Members of the group were unsure who the current Children’s Champion was and DN decided it best to leave that secondary reference for now and primarily focus on the approach to the Minister. • informed that she had recently received an email stating that the Children’s Centre was beginning a fresh intake of the ‘Through the eyes of a child’ course. DN commented that this is good news – although unsure of what the intake is like. • informed that was the contact she had corresponded with at the Children’s Centre and who had been very helpful. DN to include chasing the provision of out of hours supported contact in letter to the Minister. available to forward on contact details.
4. Legislative Changes Action
a) Divorce Dissolution & Separation (Isle of Man) Act 2020 • DN advised the group that in an update within the General Registry he had been advised that the method of rule drafting was being worked upon and there was still a lot to do. DN was informed that steps were being taken to progress matters. • It was envisaged that at the appropriate time a draft set of rules would be put to the Law Society and then possibly the group would be asked for volunteers for a sub-committee, as
6. Training and Continuing Professional Development Action
• DN remarked that there had not been much feedback from the Law Society in recent meetings regarding family training. DN asked the group if anyone knew who is currently acting in place of the Chief Executive. It was suggested the task probably fell to the President . DN suggested that it would be appropriate to invite the President to attend the next meeting of the group. to invite President of Law Society to attend next meeting
7. Any other issues Action
Victim Support • brought up the matter of both Victim Support and the Police noting there can sometimes be issues with only seeing one side of the story and that person going forward as being ‘the victim’ when such may not be the case. asked the group if this was an issue anyone else noticed. DN acknowledged the problem. • commented that training would be helpful in relation to this as she had a current case where her client is a victim but the other side sees that they are too – highlighting that it can be difficult to differentiate. DN commented that this difficulty was a side effect of the progress in awareness of issues of domestic violence and coercive control and the availability of Victim Support which meant that each side may subjectively view themselves as the victim. • commented that in the difficult cases where there was no obvious victim she was often guided by whether a potential victim had insight and could vocalise their own shortcomings rather than blaming everything on the other side. On the other hand if the person does not accept responsibility such can indicate that they could be the perpetrator. DN agreed that this was a useful indicator but of course not definitive. • remarked that it is very difficult to gauge especially in the case of a very vulnerable client. When dealing with a client like this, suggesting the use of Victim Support can feel like making the client the victim. • agreed that in some cases they end up seeing both sides as once one person goes to Victim Support the other side also may want to attend. DN added that there is no real answer in this situation, and ultimately a fact finding hearing may be required. • commented that people often see the involvement of Victim Support as a flag to use in their favour, as Court Welfare cannot distinguish either way assistance on this matter would be helpful. to look into additional info available to share
2. Court Welfare Service Action
Court Bundles • Both and present at meeting. • raised the issue of not receiving Court Bundles in advance of Court hearings, thus on occasion being left without a bundle during a hearing. • DN highlighted the importance of preparing Court bundles for CWO’s in addition to the Court in advance of hearings. Workload • The busy workload of the CWO’s was mentioned, DN stated that cases often required interim reports rather than one off involvement of CWOs. mentioned that they continue to try to move things forward with cases. • raised her upcoming departure from the Court Welfare Service towards the end of July. DN stated his thanks for staying with the service while recruitment of a new officer occurred.
3. Contact Centre Contract Action
• Children’s Centre stated they have not had any contact regarding the Contact Centre Contract. • DN highlighted that an out of hours/supportive contact centre should be in place • mentioned that there were employment issues involving management of the Family Court Welfare Service and Probation which may have delayed progress in this area. • DN asked if there were any recent cases requiring this provision, it was noted that most advocates/Litigants in Person had found their own ways of dealing with issues. DN stated that this provision will inevitably be needed at some stage therefore it is hoped that any issues preventing it will resolve soon.
6. Training and Continuing Professional Development Action
• It was noted that the Law Society has lots in the pipeline and issues regarding training raised in previous meetings would hopefully be addressed (e.g dealing with litigant’s in person, pension sharing). • There will be Duty Advocate training in August 2021. • DN reminded all of the webinars that mentioned at the previous meeting. • No other issues in relation to training were raised when mentioned by DN. to report back to the Law Society that training was raised in the meeting today
7. Any other issues Action
Schools on Island allowing children to be moved to a new school without the consent of both parents with parental responsibility • raised the issue as recently there was a case with this scenario. • DN explained that he previously wrote to the AG regarding this issue and received a response outlining difficulties and pointing to section 15(2) of the Education Act 2001 which restricted the ability of the Dept/School to refuse to admit a pupil on quite limited grounds. Such did not allow refusal where there was a dispute between joint holders of parental responsibility. However, the AG had confirmed that the Department’s guidance to parents would be looked at to potentially include reference to the fact that where there was shared parental responsibility for the child the new admission should if possible be agreed with the other parent or resolved by the court. DN suggested that how this issue is dealt with depends on the school; some require one signature and others require both parents’ signatures. It appeared unfortunate there seemed little else that could be done to prevent unilateral change and often the Court had to act after the event in order to re-instate the status quo which was not ideal. • DN stated that in terms of the medical side of things, the resident parent seemed to have the control over situations such as vaccines for the child. DN explained such issues would need to be resolved by the Court if parents can’t decide between themselves. • mentioned being involved in a school-change case recently where this situation occurred but was unsure if it was a Court Welfare issue or not, highlighting that CW involvement could vary case by case. DN stated his view that as a change of school could have a profound effect upon a child there would usually be a need for input from Court Welfare. Pension Sharing Reports • mentioned that they joined a webinar (paid 3 hour) which related to advocates getting sued for misadvising on such matters which focused the mind for practitioners on the need to get specialist expert help and the pool of experts was quite limited • Currently it is taking around 25 weeks for such to produce reports. DN commented that this was an important issue being raised due to potential liability and asked if anyone knew of any other companies which can produce these reports as this is necessary specialist advice. Litigants in Person • mentioned the differing rules for Litigants in Person and advocates, asking that the Court could provide more direction to LiP of what is expected of an advocate to demonstrate how they too should act. Highlighting that this is a real issue currently. to bring up at next Council meeting
8. Date of next meeting Action
Provisional date set as 20th October 2021 at 2.30pm Any issues for the Agenda of the next meeting to be emailed to the Family Court inbox.
2. Remote hearings and use of technology during lockdown Action
opened the discussion by asking if anything useful could be gained from the lessons learned from the UK in overcoming the problems of court appearances created by lockdown. She stated that in the UK remote working had been found to have advantages in relation to time saved by not having to appear in person at court. DN and DC had both presided over a number of remote hearings during lockdown. However care needed to be applied as English case-law underlined the importance, particularly with vulnerable clients, for the advocate and client to be able to easily consult privately. DN commented that there were also practical issues in that some parties could not appear by remote link where for instance they had direct care of the children or where the children could potentially overhear the proceedings. In those cases parties had chosen to attend court and social distancing measures were applied in courtrooms. indicated the concern that for full hearings there could be problems with parties become emboldened without the gravitas of the courtroom and start behaving inappropriately. DN acknowledged the problem. DN indicated he had conducted a full hearing with a Litigant in Person on screen as they lived in England and this had seemingly worked well but all would depend on the circumstances. DN referred to the Family Court Guidance from England and Wales titled “The Road Ahead 2021” which in turn referred to the second report of the Nuffield Family Justice Observatory on Remote Hearings which inter alia highlighted that Litigants in Person can feel left out of the process when hearings are conducted remotely. DN also referred to the guidance which was aimed at ensuring that the ease of remote working did not then increase practitioner’s workloads. It was stressed that the hours of the court day in terms of sittings should not extend through the use of the technology in light of the
All the practitioners agreed that the workload for the Court Welfare Officers is a “big ask” for 2 people. also reminded the group that both CWO work on a part time basis and do all their own administration. DN commented that practitioners should do all they could to relieve the pressure from CWO and divert matters where possible to mediation. DN thanked on behalf of the group for all her hard work and extended best wishes for the future.
4. Contact Centre Contract Action
As indicated above and indicated that the contract for out of hours supported contact at the Children’s Centre was in the final stages of working out what can be offered. All referral must come through the Family Court Welfare service and not direct from advocates. There is funding available for 5 families at a time and the service will be available to the person having contact initially for up to 12 weeks. It is envisaged that contact should move out of the centre after 6 weeks. Eventually the Contact Centre could be used as a drop-off and pick up point for contact. DC queried what happens after 12 weeks if the family is not ready to come off the books. It was confirmed there is a facility to offer further weeks. The system has been designed with a view to families coming off the books within 12-18 weeks to ensure as many families as possible can benefit from the service offered. queried whether the Court always needed to be involved for the service to be accessed. commented that she assumed that was so as the service was operated through the Department of Home Affairs. However it was hoped that if the parties can agree then perhaps a direct referral via the CWO could be made before the issuing of proceedings as such could save officer time for the Court Welfare Service in the long run. reported that it is hoped the service will be able to expand if additional funding can be gained from other charities. highlighted that there is still no provision within the centre for fully supervised contact. Extreme cases have nowhere to go and this may be connected with more GAL’s being appointed. DN commented that the lack of provision was not ideal but perhaps the need for fully supervised contact occurred relatively rarely such that it may be the reason for there being no provision currently. DN suggested that in those rare cases where fully supervised contact was needed the court may consider joining the Department of Health and Social Care to perhaps fill the gap as part of its provision to children with complex needs. commented that she is happy the supported contact service will again be available but expressed caution that practitioners do not slide back into the old trend when the contact centre was almost used as a weapon from one parent against the other insisting on ‘supervised’ contact and referrals
5. Legislative Changes Action
Divorce Dissolution Act 2020 reported that she had been asked to set out a road map and looked at the rules and went through the forms. The first thing that is needed is an Initial Application form and then the Acknowledgment of Service form. She has reported to the Chief Registrar and Stephen Robertson with a prototype Initial Form and is waiting to hear back. There was a query over who would be drafting of the rules as It was thought the AG’s will be doing the drafting but this is yet to be confirmed. The rules need to written before the new regime can be brought into force. had been hoping to attend a seminar in March to glean how practitioners in England & Wales were approaching their own rules. However, basing Manx rules on the equivalent English rules may be problematic as BREXIT and COVID meant that such may be delayed. The former Children’s Champion who had brought the legislation forward as a private members bill was keen to see it implemented as soon as possible and such wish was shared by the Group but it was acknowledged that the secondary legislation was in the hands of the legislative drafters. Domestic Abuse Act 2020 DN confirmed the legislation had been enacted in October 2020 but was awaiting an appointed day order to be brought into force. DN commented that this may not directly affect high court family practitioners save as a matter for advice to clients regarding the further scope for applications to summary courts regarding domestic violence/abuse in addition to the existing powers in Part 5 of the Matrimonial Proceedings Act 2003 and
6. Mediation Action
indicated that to her knowledge is not currently taking on any new mediation cases due to lack of facilities – he is moving house. is taking on cases and can do so through Legal Aid. has private clients on a regular basis. and are both qualified but have had no referrals. reported that she has been in contact with 2 mediators in the UK that are supported by Legal Aid. One mediator deals with children and contact matters and one deals with financial matters. These mediation sessions take place via Zoom facilities and worked well. reported that she has used one of the UK mediators recently (funded by Legal Aid). She was very impressed with the service and would recommend as a resource. The mediator was very experienced and provided a comprehensive report. to circulate mediators email addresses (will send to Court)
7. Training and Continuing Professional Development Action
requested that the Court Welfare Officers be invited to any training sessions that are relevant to their work. It was agreed by the group that training was needed in the new Domestic Abuse Bill. As discussed earlier training has been hampered by the COVID pandemic. All training that can be offered or completed at present is online via Webinars – the group agreed that they would circulate amongst themselves any recommended or upcoming webinars. DC queried if there was a legal requirement for practitioners to complete a certain amount of training / CPD each year and it was confirmed that although not a legal requirement generally most family practitioners saw attending training sessions as important and undertook such.
8. Any Other Issues Action
raised the issue of the Initial Divorce Application form which was said to ask when the parties had “last lived together as husband and wife”. This has caused problems with same sex couples and as it is prescribed form asked for it to be changed. DN suggested the wording be changed to “last lived together as as spouses”. Update – this has previously been changed by Courts Administration to “married couple”. DN has approved this. Practitioners are asked to ensure they check they are using up to date forms and change their templates accordingly
10. Date of next meeting Action
Provisional date set as 23rd June at 2.30pm
• DN confirmed the position in respect of publicly funded mediation as there was an error in the previous Points Arising and confirmed that do take on legal aid mediation cases. • had provided an email update re the Court Welfare Service shortly after the last meeting. DN commented that the content was relatively historic now. • No other issues to review were raised.
2. Court Welfare Service Action
• There was no attendance from the Family Court Welfare Service (“FCW”). • DN commented that he understood that things had worsened somewhat since the last meeting before getting better. DN was aware that thankfully arrangements were in place for private service providers Horizons to take on writing Court Welfare reports. Staffing • provided an update that Horizons have taken on the role of writing Court Welfare reports as an interim measure but that Horizons had not been given an end date as yet. They are aware that there is a new CWO starting on 14th March and they were expecting a handover period but there had been no discussions on that as yet. A majority of the cases have been allocated and there were issues to start with regarding meeting submission dates, as Horizons had limited capacity, but they were doing the best they could. There are 5 staff members in Horizons dealing with reports. • informed that the Law Society had received confirmation from the Minister that an independent review of the FCW was to be undertaken by which arose initially through parents’ complaints but was to look at the wider issues. invited any issues from family practitioners to be fed through her to be passed on to the Minister. indicated it would be beneficial to arrange a Teams meeting with Advocates. • DN thanked for that offer and suggested that such professional feedback would be very useful. DN confirmed that a meeting is also being arranged between and members of the Judiciary. • highlighted issues that she has faced with FCW and the non-attendance of any CWO at a directions list in December 2021. An email was sent to FCW and a satisfactory response would provide a list of contact details and issues to .
was received. also commented that FCW was not a one person job – and “more bodies” were needed. • confirmed that section 11 CYPA’01 applications were relatively few in the monthly summary court family list– but he had experienced similar issues with no CWO attending the list. • DN commented that it is useful to have a CWO in attendance but if they were unable to attend he was content as long as the court had dates for reports and dates to avoid if hearings needed to be set. commented that it was also very helpful on occasion to have a CWO present on the day to assist in resolving issues such as interim contact. • confirmed the new CWO was who had an extensive background in CAFCAS. also expressed the view that the Court Welfare position is at least a 2 person role and that will be a great asset but would need help. DN agreed and stated that it was an unrealistic expectation for one person to do everything. [JPW arrived later in the meeting] • JPW expressed the preliminary view that FCW did not seem to sit in the right place in Probation regarding that service’s core functions and that FCW might be sited more appropriately elsewhere for a better fit in terms of professional management and support. JPW hoped that the review process will address these issues and confirmed what previously said as to who was carrying out the review.
3. Contact Centre Contract Action
• There was no attendance from the Children’s Centre staff. • advised that in her discussions with the Minister the information from the Department was that they were in the process of finalising the out of hours supported contact centre contract with the Children’s Centre. However, the Minister believed that more needed to be known about the size and scope of what exactly was required of the out of hours service before finalising. confirmed that she again was willing to act as a conduit to the Department in this regard and suggested that any of the family practitioners attending should provide her with any details or ideas so that they could be fed back to the Minister. DN commented that such line of communication would be very useful. • JPW later agreed with the position that had set out and stated that she needed to know the issues in respect of the Out of Hours service. There was a contract that had been drafted but the questions remained within the Department as to what
the exact requirement was in terms of “supported” vs “supervised” contact and the Minister indicated the Department was hearing different things on that score. highlighted the need in some rare case for a fully supervised contact service reporting back to the Court. JPW said she needed to know whether the profile of need was such that the service would cater for service users prior to court proceedings or was this a service wholly expected in respect of cases proceeding through the Court. JPW was very keen for liaison with the group in this respect. confirmed that Horizons do facilitate fully supervised contact but at a cost which on occasion had been met in part by various charities. • JPW confirmed she needed to know the profile of need for the service. What are the gaps? There is a contract but whether it is the right contract is the question. JPW was very keen for liaison in the group. In this regard DN asks practitioners to feed-back about untapped need and the number of cases in which supervised/supported contact was necessary and how the service should look through . • commented that the Law Society’s “People in Need” charity is still available and they try to process applications as quickly as possible. Family Practitioners to feedback through their views to the Minister on the supported/supervised contact provision.
4. Legislative Changes Action
a) Domestic Abuse Act • SR gave an update and confirmed that the Department of Home Affairs held an internal stakeholders’ workshop for the purposes of initiating discussions and plans in advance of the implementation of the Act. The desire would be for the Act to be operable by the end of the year subject to a range of factors not least the drafting of secondary legislation. DN understood that the Summary Courts may be dealing with most of the stand-alone applications. Any application where there were ongoing proceedings in the High Court will be dealt with by the High Court. confirmed that she has reached out to criminal law practitioners to see if any specific parts of the Act needed to be brought in quickly and without fuss so that she could feed-back to the Department. invited the same type of feedback from the family practitioners. DN commented that this was again a useful portal for communication and thanked for her help in this regard. b) Divorce Dissolution & Separation (Isle of Man) Act 2020 • DN confirmed that is responsible for drafting the secondary legislation. Family Practitioners to feed back to regarding any specific parts of the Act that needed enabling quickly.
for training. • advised that she has spoken with Louise Cooil about the need for new LiP guidance. confirmed that she has arranged a meeting with Louise Cooil to discuss the LiP guidance. DN understands the difficulties as the existing LiP guidance is not as thorough as it might be but he usually directed LiP’s to the existing guidance at the first directions hearing. DN suggested that there was lots of material on English court websites which may be of use. • confirmed that there is “Advice Now” a website that provides a survival guide that she has directed LiP to use. It is on English law but is helpful for LiP to get the general gist of what is going on. • has seen the LiP guidance on the website and will pick up again with . • DN raised the Jersey Law Conference covering child law on 25th March 2022. have attended one before but none of the attendees had as yet booked on this course. • confirmed that Liverpool Law Society organise regular training events and conferences and their website referred to lots of courses. It is cheaper to get there and courses are excellent. and to meet re LiP’s guidance. to circulate email from with details.
7. Suggested adoption of new Statement of Information as provided in the model from England and Wales Action
• had flagged up changes to the English Court Form D81 which may be of use in the Statement of Information Form • DN comments there is more explanation on the E&W form and perhaps it was more aimed towards completion by LiP. It is longer than the form that we currently have. Usefully there is a link to family court standard orders. [Message from Mr Justice Mostyn: amendments to standard orders | Courts and Tribunals Judiciary • SB highlights maybe we just need more explanation on our current Statement of Information to review and give brief update at next meeting
8. C1 Forms – Amalgamating High Court and Summary Court forms Action
• confirms that Summary Courts are not getting many CYPA application forms
• DN suggests there be one form for both Courts and if an application went to Summary Courts and was not suitable for that Court it could simply be passed to High Court rather than full new application being made. • raised the issue of 2 fees having to be paid. Everyone in agreement as long as there was not a double fee. • said that she only seems to put maintenance matters through the Summary Courts and queries why there is a separation between the Courts. suggested it would make sense for the family courts to be amalgamated. DN commented that such would require a change in primary legislation and his suggestion was for easier ‘transfer’ between the two courts on a practical basis rather than a wholesale change in the law. DN suggested that the Law Society could look at whether to recommend a more fundamental change in legislation to a unified family court system. • suggested that if any Practitioners think that any areas of Law or Justice could be improved upon they can let her know and she can feed that back to the Minister. SR and to liaise to look at changing C1 and C2 Forms
9. Any other issues DN concluded the meeting, and thanked all for their attendance
10. Date of next meeting Action
Provisional date set as *22nd June 2022 at 2.30pm.* Any issues for the Agenda of the next meeting to be emailed to the Family Court inbox.
(DN) Deemster Needham – Callin Wild
(DHB B) Deputy High Bailiff Brooks – Callin Wild
(AA) Alexander Armstrong – IOM Courts – Callin Wild
(SR) Stephen Robertson – IOM Courts – ASTU
– Family Team – ASTU
– Family Team – ASTU
– Family Team – Corlett Bolton
– Family Court Welfare – Corlett Bolton
– Victim Support – KLSA
– Children’s Centre – Hannan Law
– Victim Support – Hannan Law
– Horizons – Mann Benham
( – President IOM Law Society – Bridson Halsall
(JPW) Jane Poole-Wilson MHK – Minister for Justice and Home Affairs – Bridson Halsall
– Simcocks – ASTU
– Pringle Law – Gray Law
1. Review of points arising from the meeting on 22nd June 2022 Action
• DN asked what feedback she had received relating to supported/supervised contact provision. had not received any feedback and advised that if family practitioners can provide feedback she can pass the views on to the Minister at their meeting in December. • mentioned that Horizons are stopping all supported/supervised contact from January 2023 as there is nobody to offer it. explained that the logistics of why it is hard to run this service include formalising contracts and staffing. • mentioned that the Children’s Centre is looking to move things forward with supported contact (cf. supervised). It was mentioned that if there is a Prohibited Steps Order in place then supported contact cannot be facilitated. DN stated that having the ability for Family practitioners to feedback through their views to the Minister on the supported/supervised contact provision. meeting the minister on 16/12/22. Practitioners at Hannan Law to make enquiries with colleagues and report back to before her meeting with the Minister.
contact to be supported and in some cases supervised was very important and suggested that the Family Court Welfare Service should feed into the Department any data as to number of cases which needed such support and the type of supervision that was required. DN agreed that supervised contact is difficult to arrange and that the core service should be supported contact. DN hoped that will be able to liaise with the Minister regarding this issue. • arranging a visit to the Children’s Centre Community Farm.
2. Court Welfare Service Action
• A meeting was held on 13th October 2022 between and DHB B relating to the Court Welfare Service, in which various issues were discussed. • advised that a new full-time staff member will be starting on 3rd January 2023. Her background is in CAFCASS in the area. This will be the first time the service has had 2 full-time Court Welfare Officers. • indicated that for reference usual practice would on average indicate a level of around 6 reports a month, however there were 11 report requests in November. • DN hoped that there could be further provisions in the future to ensure staff had cover for holidays/leave. • advised that there is also discussion over employing 1 or 2 Social Work assistants who will be able to complete ad hoc duties. • DN commented that at the meeting on 13th October 2022 the initiative to include in welfare reports words or pictures from the child was a positive development. DN referred to the high quality of the Court Welfare Reports being received. DN noted that the current monthly output of reports was unsustainable for a single CWO to achieve so hoped all went well with the new appointment.
3. Legislative Changes Action
a) Domestic Abuse Act 2020 • DN stated that an update to the implementation plan was published earlier in the month referring to various timelines for when provisions of the Act will be brought into force.
if the training was provided by a lawyer to which commented that the scenarios were good as they looked at both perspectives but it would be better to have a balance of input from both disciplines. • mentioned a trip to Jersey for training on coercive control in finance cases, the training was short but useful. • DN asked if the group had any burning training needs. mentioned training around parental alienation and referred to ‘alienating behaviours’ as being now more commonly cited by parties. DN asked for details of experts. explained she is happy to liaise. asked if there are any Court Directives in the UK that we could follow. DN responded that there are some we follow such as PD12J on Domestic Violence but he was not aware of anything specific to parental alienation other than general case law.
6. Proposed revision to the statement of financial information Action
• DN advised the group that have been working hard on this. asked if this should be one form completed by both parties or by way of counter parts. DN responded that it should be filed as one form signed by both parties as, for example, if one party is unrepresented they might not submit their part. commented that as consent is the point of the form submitting only one form is best. • suggested that there should be more emphasis on the dates of the last valuation. DN commented that as it is an agreed document that level of detail was perhaps not required. • mentioned that any issues raised so far had been incorporated in the draft and there has been no further feedback. DN commented that he is grateful of the assistance so far. • DN advised the Group that once the SOI form is approved it will be uploaded onto the website for use. commented that more user friendly formatting would be appreciated. SR to look into.
7. Any other issues Action
• commented that some of the Group may have seen reference to the Separated Parents Information Programme in her reports. There is online access to this so practitioners on the IOM could look at it, observation can also be facilitated. DN commented that this could be a useful resource. • JPW raised the issue of grandparents’ rights, and their apparent lack of standing in family proceedings. JPW asked if there were any further thoughts on this. mentioned that mediation can be JPW and to look into this further.
used for anyone including grandparents. DN stated that this service could be used but may also add issues to an already fraught situation in parental proceedings. JPW asked if there is anything else that can be done to keep/maintain relationships as grandparents feel cut out; JPW asked if mediation can be promoted by the Law Society in this scenario. commented that legal aid is available for grandparent mediation but it depends on the level of family breakdown since, as it is voluntary, both sides would need to agree. mentioned that Motiv8 are offering family therapy which could be useful in this scenario. confirmed that this is funded by the charity. • had emailed and SR regarding the Statement of Arrangements for children, found a website which encourages and helps parents to create a parenting plan and asked if this could be put on the Court’s website. SR commented that it looks good but would need IOM Government IT to look into this. DN raised the issue of intellectual property but that it could still be used as a tool by family practitioners. • raised the matter of looking into litigant in person guidance, explaining that there are many forms of such guidance and asked what type the Group required. DN commented that the basics would be suitable to begin with for information on the Courts website, mentioned that the main issues are conduct and expectations. stated she will see what she can find in that regard. to get more details. SR to look into this being put on the website. to reach out to family practitioners and report back for the next meeting.
8. Date of next meeting Action
Provisional date set as 29th March 2023 at 2.30pm. It was noted that by the next meeting there will be a new President of the Law Society, . DN thanked for her hard work on FCUG issues. DN concluded the meeting, and thanked all for their attendance. Any issues for the Agenda of the next meeting to be emailed to the Family Court inbox.
being prioritised in light of the pressure arising through the implementation of new legislation. • No other issues to review were raised.
2. Court Welfare Service Action
• The Family Court Welfare Service (“FCW”) was represented by . DN indicated that had settled in well to the role and was producing high quality reports. DN raised the concern which was echoed by attendees that it was wholly impractical for one person to be expected to carry out all CWO work on their own and questioned the issue of support. • indicated that she was looking to develop the role and was suggesting some initiatives herself to assist with efficiency such as a paperless recording system. The outcome of the independent review into the Court Welfare Service carried out by was awaited regarding the potential future of the Service but such report had been delayed by the virus but was presently in draft form. confirmed her workload was now up to capacity in terms of reports being issued within expected deadlines. As to any overspill of work such would be an issue for the management of the Service as to whether there was funding available to continue with the services of the outside contractor. • expressed the general view of the meeting that the workload was too large for one officer to cover particularly factoring in periods of leave. DN stressed the vital nature of CWS within the family court justice system and that it needed to be properly funded and supported. To await outcome of review.
3. Contact Centre Contract Action
• JPW indicated that the issue of a potential contract with the Children’s Centre had been suspended on the basis that the advice being given was that the Department of Home Affairs lacked the vires to enter into that arrangement and that it was likely a matter for DHSC or Manx Care and discussions were due to happen at a meeting between DHA and DHSC which was due to occur shortly. • JPW indicated that a further difficulty was the anecdotal nature of what was being proposed as to the type of service needed. • As to feedback regarding the type of service required being fully supervised or simply supported contact DN indicated his view was that the supported service was the provision most needed. agreed but indicated that she would not wish to see such service being used to reinstate a seemingly common practice previously of a general demand from the resident parent for contact to be supervised. DN concurred that such provision was only appropriate in a minority of cases which meant that predicting the type of service provision in a small jurisdiction was difficult.
7. Port Alerts Action
• DN referred to the problem referred to him by about the effectiveness of Prohibited Steps Orders being served at the Sea Terminal and the Airport. The issue arose when a parent had gained permission to take a child away but that parent/child were not checked at all at the Sea Terminal. • DN explained that perhaps the wording of the current orders raised too great an expectation. In light of the privatisation of security services at the ports and the number of operators at the airports together with data protection concerns there was not a statutory system that could be used to force operators to check passenger identities outside the systems operated by police. • As pointed out by and JPW there was no requirement on domestic departures to check passenger identification such that bookings in false names could be made. • indicated that discussions had taken place with the HMAG Chambers on the issue regarding the role of DOI in ensuring as far as possible that PSOs are not breached. • DN suggested therefore that in reality to be effective parties would need to involve police if an imminent risk (within 48 hours) of removal became known. The police could utilise powers to prevent the commission of an offence of child abduction under the Child Custody Act 1987.
8. Any other issues raised the difficulty she had encountered regarding “open proposals” and what that meant in a case where she had been confronted with detailed arguments in such a proposal. was invited to give his view and indicated that his expectation would be that an Open Proposal was effectively a short statement as to the order that the party was hoping to achieve and not a skeleton argument in support. DN concurred and suggested that in a complicated case there would usually be a further direction for the filing of skeleton arguments such that the open proposal was a relatively short and succinct document.
9. Date of next meeting Action
Provisional date set as 19th October 2022 at 2.30pm. DN concluded the meeting, and thanked all for their attendance. Any issues for the Agenda of the next meeting to be emailed to the Family Court inbox.
(DN) Deemster Needham – KLSA
(DHB B) Deputy High Bailiff Brooks – KLSA
– Family Team – KLSA
– Family Team – Guardian Ad Litem
– Family Team ( – Corlett Bolton & Co
– Bridson Halsall – Corlett Bolton & Co
– Bridson Halsall – Callin Wild
– MannBenham – Callin Wild
– Family Court Welfare – Victim Support
– Family Court Welfare – Children’s Centre
– Prison & Probation Children’s Centre
– Hannan Law – Legal Aid Certifying Officer
– ASTU Ltd – Legal Aid Team Manager
– Gray Law
Deemster Cook Alexander Armstrong – IOM Courts
Jane Poole-Wilson MHK – Minister for Justice and Home Affairs – Myerscough & Clegg
Stephen Robertson – IOM Courts – Simcocks
– Simcocks
1. Review of points arising from the last meeting on 29th March 2023 Action
 DN asked if there were any specific issues following the previous FCUG meeting and mentioned that as per the action points of the previous meeting Legal Aid Certifying Officer had been invited and thanked her for attending. introduced herself to the group.  No other points were raised.
2. Court Welfare Service Action
 DN was pleased to advise that from a Courts Administration perspective all is working well with the Court Welfare Service and praised the staff for their work.  gave an update to the group regarding the changing of staff roles at the Prison & Probation service. has recently taken on of the Court Welfare Service.  mentioned that ensuring the Service is seen to be more ‘family friendly’ rather than being recognised as Prison & Probation is a high priority. An example was given of altering the headings on forms in that regard.  provided an update from the administrative staff from the Family Court Welfare service who currently have no major issues to report.  DN stated that these updates tie in with the experience of the Courts, highlighting the quality reports that are being received and the benefits this provides in reaching decisions.  confirmed that she feels that she has settled in well to the Family Court Welfare service.
3. Children’s Centre Action
 explained that funding is still the main issue for the Children’s Centre, specifically in relation to supervised contact. highlighted that they are already running into issues so early on in provision of the supervised contact centre service and are already in a deficit from the first quarter which is a big concern for the Children’s Centre.  DN mentioned that at the last meeting the Minister requested figures from the group. Family practitioners had no update on any statistics/feedback being provided to the Minister.  confirmed Children’s Centre staff had met with the Minister and provided some figures. However it was noted that this issue did not seem to be a priority for the Department of Home Affairs.  advised the group that there had been 28 separate supervised contact sessions completed in the last quarter. Although this service
 DN stated that the combination of the lack of legal aid funding and apparent reticence of the Department of Home Affairs to contractually underwrite a portion of the service provided by the Children’s Centre is a significant setback for the FCUG and the family justice system generally. This will have a knock on effect for any ongoing cases making them more protracted and costly. The requirement for the State to provide some form of supervised contact for parents who cannot afford such service privately was imperative. Phased supervised contact was often needed when aiming to establish and build the beneficial relationship for the child with the non-resident parent. DN noted that the lack of progress in terms of government funding of this issue appeared to be contrary to the assurance given to Tynwald in the last administration that the matter was to be addressed.  DN noted that there was an expectation from FCUG that family law practitioners would provide feedback/data to the President of the Law Society as suggested at the last FCUG meeting regarding the number of supervised contact cases they had encountered, how many sessions needed to be supervised etc. etc. and sadly this has not yet happened. DN did not want the continuing lack of Government funding to be blamed simply on a lack of data from the profession. suggested using a central email to all practitioners as a forum to gather this necessary data as being needed.  DN thanked the Children’s Centre for providing figures to the Minister and highlighted that the feedback he had received regarding the actual work of the supervisors in making supervised contact sessions child focused and enjoyable was very positive. DN to look into previous mention of this matter in Tynwald to send email to all family practitioners and in response All FCUG practitioners to provide data as to the number of cases of supervised contact encountered and details of funding needed.
4. Legislative Changes Action
a) Adoption Act 2021  DN gave an update from Stephen Robertson as follows:-  The DHSC are at the instructions stage in respect of all the secondary legislation regulations they need to bring in. There is a steering group and a published implementation plan. Once we have a clearer idea of the Regulations that the DHSC are making, the General Registry will begin reviewing and revising the necessary Rules of Court.
 The DHSC have noted in Appendix 1 of their implementation plan (available on DHSC website) that the General Registry have a number of other pieces of legislation competing for resources and therefore the timescale for production of the court rules for adoption will need consultation with the General Registry.  DN commented that the date indicated for implementation of the Act published in the plan seemed to be around the first/second quarter of 2024 but that there may need to be revisions in such timescales. DN commented that this legislation will have an impact on both the Summary and High Court work. b) FCUG Legislation Sub-Committee  There was no update in this area however DN commented that it is hoped that members of the FCUG who raised the issue are busy working away in the background particularly regarding any updating necessary to the CYPA 2001.
5. Mediation Action
Legal Aid funding of Mediation  stated that in regard to legal aid funding of mediation, in the first instance it is determined whether the applicant qualifies. gave an example of a case where the Applicant qualified for legal aid funding however it was noted that the Respondent earned in excess of £50,000.00 so splitting the mediation costs 50/50 was suggested. explained that the tax payer would not be happy if they knew one party was able to pay/contribute towards mediation but Legal Aid paid for the whole cost. In response noted that although Legal Aid have highlighted the cost of mediation, there is generally a recognised and notable savin in terms of mediation helping to conclude cases quickly rather than cases being protracted and publically funded for long periods. DN acknowledged each case must be treated and assessed individually but suggested that pointing to the potential cost savings of mediation may well be appropriate justification for a certifying officer to authorise funding the full cost of mediation. confirmed that she is only able to work within the regulations and be accountable but is happy to discuss further with family practitioners on a case by case basis.  confirmed that she is getting referrals and welcomed more referrals coming in.
 DN asked the Group for their thoughts on whether mediation should be made compulsory, commenting that really this would be a political decision but the views of the FCUG would be helpful.  mentioned to the Group that she is also working towards the accreditation. DN commented that it is good for availability of mediators to spread out between family law firms. commented that she is also qualified but has not undertaken mediation for some time.
6. Training and Continuing Professional Development Action
 DN mentioned the training on 30th March 2023 regarding ‘no fault divorce’ and the Domestic Abuse Act 2020. Attendees commented that there was good attendance and the training was good once it got going.  DN asked the Group if anyone had been utilising webinars. CC mentioned that they receive daily emails from , commenting that this is useful and reasonably priced. commented that Corlett Bolton also find this a useful resource. mentioned Family Law Weekly as a good free resource. DN commented that webinars probably provided practitioner’s with the best value in access to training and that any useful ones viewed could be highlighted through FCUG.
7. Statement of Financial Information Action
 DN stated that the Statement of Information (SoI) proforma has been completed and is available on the IOM Courts website, in editable pdf format.  DN discussed with the Group a cut off period for the use of the old Statement of Information. It was decided that from 1st September 2023 it will be expected that practitioners submit the new version of the Statement of Information. Practitioners to submit new SoI form from 1st September onwards
8. Attorney General’s involvement with the appointment of Guardian Ad Litem Action
 DN mentioned a letter he had received from at the Attorney General’s Chambers that had been circulated to the Group. Unfortunately nobody had been able to attend today from Chambers to talk to the subject. The letter indicated that the current protocol
important that the vulnerable should not slip through the net but be properly represented in family proceedings where necessary.
9. Potential amendment to the Initial Application for Divorce form to include details of any children of the family Action
 DN provided an update from Stephen Robertson as follows:-  The No Fault Divorce process has been in force and operational since 3rd April 2023 and is generally going well. A few tweaks have been applied to the application form following feedback from staff and customers but in general applications are being filed correctly. Possible further change following FCUG meeting regarding children.  So far the total initial applications for divorce to date are 79 (46 Sole & 33 Joint).  The 20 week stage will be upon us at the end of the Summer.  DN commented that it is gratifying to hear that the number of joint cases are up compared to the low numbers seen in the UK, but noted too that there is a possibility that this may level out over time.  DN voiced an issue that court staff are having in relation to litigants in person not reading the notes and therefore not submitting a Statement of Arrangements (SoA), where necessary, with their initial application and then later down the line it coming to light that there are children of the family. Therefore it is likely that an amendment to the initial application will include a requirement to confirm children of the family thereby providing the court staff with the opportunity to request a SoA to be filed from the Applicant if not submitted initially.  mentioned that something that she is finding with the new process is that parties are coming to an agreement regarding finances quickly but are having to wait for the 20 week period for a provisional divorce order to be made before the financial consent order can be sent to the Court – leaving the opportunity for the parties to change their minds on the consent orders. DN commented that there does not seem to be any other work around in relation to the 20 week wait as the legislation does not allow the FP Order to be made until a Provisional Divorce Order has been issued.
 commented that she has had similar matters where the 20 week wait can mean that if the parties sign a consent order early on, the ‘signed by date’ becomes quite old. DN commented that an idea would be to complete a separation agreement with the parties rather than sign the consent order prematurely. commented that this was how advocates previously worked with clients however it duplicates workload and costs. Advocates now tend to steer clients towards consent orders as they are enforceable. asked if it would be possible for the draft consent orders to be signed and filed with the Court, then held on the file until the advocate on record indicates they would like them to be issued. This enables the parties to see that the draft consent order has been ‘submitted’ to the Court and are therefore less likely to want to make further amendments. DN commented that although this may help clients psychologically, they are still able to challenge parts of the order as it hasn’t been sealed. commented that although it is only psychological it does tend to deter clients from making continuous changes. advised that the onus would be on the advocates to notify the Court when to issue the consent order and there would need to be confirmation from both sides.  DN and DHB concluded that there do not seem to be difficulties in holding draft financial consent orders on files as long as up to date SoIs are provided at the time the FP order can legally be issued. However, there may be issues in terms of the administration of this. If problems arise the FCUG will be advised.
10. Any other issues Action
 mentioned a recent Court order that required a state pension entitlement forecast. spoke to who confirmed that it is the Income Tax Division of the Isle of Man Treasury who can provide this information not Social Security. to email the Court with the correct information from for any future Court orders.
11. Date of next meeting Action
Provisional date set as Wednesday 29th November 2023 at 2.30pm. DN concluded the meeting and thanked all for their attendance. Any issues for the agenda of the next meeting to be emailed to the Family Court inbox.
(DN) Deemster Needham – Bridson Halsall
(DHB B) Deputy High Bailiff Brooks – Bridson Halsall
(SR) Stephen Robertson – IOM Courts – MannBenham
– Family Team – Pringle Law
– Family Team – Gray Law
– Family Team – ASTU
– Family Court Welfare – ASTU
– Family Court Welfare – ASTU
– Family Court Welfare – KLSA
– IOM Children’s Centre – Hannan Law
(JPW) Jane Poole-Wilson MHK – Minister for Justice and Home Affairs – Hannan Law
– Corlett Bolton
– Simcocks Alexander Armstrong – IOM Courts
– President of IOM Law Society – Callin Wild
– Victim Support
1. Review of points arising from the last meeting on 30th November 2022 Action
• DN stated that the Domestic Abuse Act 2020 is not on the agenda under as “Legislative Changes” as it is now in force, but noting that there would be training for advocates orgainsed by the Law Society on 30th March 2023. • DN asked the group if there has been any update in relation to the issue of grandparent’s rights. JPW confirmed there has been no advance since the last meeting but it was really a matter of raising awareness of mediation for this purpose with the public. asked the group if legal aid would apply in this scenario. explained that there are issues with legal aid funding regarding mediation generally with the recent suggestion that if only one party is legally aided the other party is being asked to pay/contribute, hich had not been an issue in the recent past.
paper records. This is currently being looked into by GTS and Data Protection Officers. advised that these changes have come from advice from . An example of a reason for this to be introduced being children requesting to see their records later down the line and the need for reports etc. to be made with that in mind. • DN commented that there is a lot of work going on behind the scenes and noted that the Courts are also going through a change in regard to the introduction of new electronic system, currently being introduced within the summary criminal sphere, but soon to encompass the Civil Division including Family Business.
3. Children’s Centre Action
• advised the group that the Children’s Centre is now fully accredited as a supervised contact centre. So far they have had three requests for supervised contact without legal aid funding and in all three cases the parents were unable to sustain payment once the process had commenced (one father refused to pay and two parents could not afford to continue). The group wondered if the Law Society can help with funding. indicated the Children’s Centre is worried that as they are a charity they can’t let the possibility of bad news articles/headlines from parents who aren’t happy tarnish their reputation. Therefore they are currently only accepting referrals if funding is secured. DN noted that this problem related back to the issue over the supervised/supported contact provision funded by Government which had been a repeated topic at the FCUG. In response JPW indicated that it is difficult to understand the scope of demand for the service, i.e. social service cases or private family law cases. DN suggested it would be helpful for the Law Society and Minister to discuss this issue. JPW stated that it would be helpful to receive data, such as in respect of the three families mentioned, as without the data it is difficult to make a business case showing the need for funding particular in atmosphere of scarce public finances. JPW appreciated this as being a big issue and wishes to help resolve the matter. indicated that all referrals so far in the three weeks since becoming accredited have been Court ordered, there have been eight cases, soon to be nine, since becoming accredited. DN commented that maybe FCW could provide some data to inform decision makers. mentioned that they only have limited data due to the service being previously provided by Horizons. DN asked if the Children’s Centre could provide the Minister with numbers and contact hours of any Horizons’ cases referred to them and for FCW to provide similar data in terms of numbers of such cases and hours sought since Horizons’ departure. 1. Children’s Centre to provide statistics to Minister of any historic (last 2 years) and current requests for supervision (no. of cases, type (- Court, DHSC or private) and hours). 2. FCW to provide similar statistics to Minister since Horizon’s departure. 3. to take this issue back to 4. Practitioners to feedback number of cases requiring supervision through President to the Minister.
4. Legislative Changes Action
a) Divorce Dissolution & Separation (Isle of Man) Act 2020 • DN asked SR to give a brief update of where the new process is up to. SR advised that the rules, forms and website information are in place ready to go live on 3rd April 2023. • DN asked the practitioners if they had clients waiting to utilise the ‘no fault divorce’ procedure. Practitioners confirmed there were a number of people waiting to file under the new process. • DN also referred to the training scheduled for 30th March 2023 on this topic and believed that the new system should work well. The matrimonial finance regime will remain in its present form. DN commented that at the next meeting practitioners will have experience of the new divorce process and any practical issues arising could be discussed then. b) Adoption Act 2021 • SR provided an update to the group: Legal Officer Alex Armstrong and the Chief Registrar had a meeting with the DHSC several months ago. The DHSC is to provide the Courts with an implementation plan once finalised. SR commented that court rules are required to be drafted/be in place prior to commencement. In light of that, DN commented that implementation did not appear to be imminent. c) FCUG Legislation Sub-Committee • DN asked if there has been any advance since the potential forming of a sub-committee was raised at the last meeting. explained that interested practitioners had discussed matters and that a list of potential changes to the CYPA/MPA was sent to the previous President of the Law Society but they were yet to receive a response. Some of the main issues included step-parents acquiring parental responsibility and the issue of pensions. • Regarding pensions, DN mentioned an upcoming Appeal Court case which would highlight the difficulty of England & Wales based pension providers not recognising IOM Pension Sharing Orders and the lack of reciprocity in that regard. DN commented that it could be worth highlighting the issue of pensions to the Chief Minister for raising perhaps at the British – Irish Council as it is affecting IOM residents. The issue will be more prominent once there is a decision in the to provide list to to take this back to Vicki Unsworth.
Appeal Court. JPW confirmed she would be willing to make representations. • On a separate issue, JPW highlighted that with the Domestic Abuse Act 2020 now being in force she is looking for any feedback that may be useful. DHB B mentioned that he has dealt with one case and Magistrates have dealt with one case. DN asked practitioners to feedback any issue to the Minister. Practitioners to feedback to JPW about their experience regarding domestic abuse legislation.
5. Mediation – Advocates workshop Action
• DN referred to an email from to DHB B regarding a new initiative looking into ways of dealing with family cases outside of Court. That email had been circulated to FCUG members. has organised a Zoom meeting at 12 noon on 4th April 2023 for any practitioners interested to give him their feedback on such an initiative. DN commented that it is far better for the parties if matters can be dealt with outside of Court. • mentioned that she is in communication with who is offering to come to the Island and provide information to advocates regarding the benefits of mediation. They are currently liaising over dates and any possible funding. suggested that there are some advocates practising in the field of family work who sadly did not appear to see the benefits of mediation. DN asked the group about the potential of taking steps to make mediation compulsory prior to attending Court. commented that this would require more mediators and funding, and referred again to her recent experience about having difficulty in gaining legal aid funding whereas previously funding was generous so as to encourage both parties to attend and save costs in the long run. • commented that in the UK vouchers are provided for 30 minute sessions to encourage parties to attend mediation and provide the opportunity to see whether mediation is suitable for that individual case. The group confirmed inviting an officer from legal aid to attend the next meeting so as to provide the legal aid position on this. • DN mentioned the Court’s continued endeavours to seek consent from the parties for cases to divert to mediation at the first directions hearing. • confirmed the legal aid mediators currently include . DN & recalled previously organising meetings between
mediators which seemed to be useful. brought up the difference between providing dual or sole mediation. commented that could help to bridge this gap. • advised the group of the Children’s Centre’s intention to train two mediators to help with contact. This is due to happen within the next 12 months however there is the issue of funding. DN commented that legal aid previously were the driving force behind mediation.
6. Training and Continuing Professional Development Action
• DN mentioned the training happening tomorrow (30th March 2023) for the No Fault Divorce and Domestic Violence. • mentioned the possible future mediation training with Helen Pittard. • mentioned an email sent to within her education role regarding access to relevant webinars (e.g. the use of covert recording in family proceedings). referred to the Law Society’s council meeting next week which may provide clarity on this training possibility. to add this topic to list of matters referred to the Law Society President.
7. Proposed revision to the Statement of Financial Information Action
• DN noted that the Statement of Information is almost finalised however there is a small amendment to be made to add regarding enforcement of pension sharing orders outside of the jurisdiction. Once completed the document will be available on the IOM Courts’ website. • requested that the document be available in Word format as PDF can cause difficulties. SR confirmed the form will be in Word format as a form fillable document. Courts’ staff to upload finalised document to IOM Courts’ website.
8. Any other issues Action
None
9. Date of next meeting Action
DN concluded the meeting and thanked all for their attendance. Following the meeting it was confirmed that provisional date for the next FCUG meeting was set as Thursday 20th July 2023 at 2.30pm.Any issues for the agenda of the next meeting to be emailed to the Family Court inbox.
10. Date of next meeting Action
Provisional date set as 20th March 2024 at 2.30pm. DN concluded the meeting stating how useful it is to be able to have these meetings and thanked all for their attendance.  Any issues for the agenda of the next meeting to be emailed to the Family Court inbox.
• There were no other matters arising from the last meeting.
2. Court Welfare Service Action
• updated that the Court Welfare Service is moving to Nivison House in the next 4 weeks. The Service also had a new member of staff, , who joined in April and brought with him 20+ years of CAFCASS experience. Furthermore, there was the post of a new admin. officer in the pipeline. • indicated the , recently had shared information with the Judiciary regarding a proposal for the introduction of a CWO safeguarding letter being routinely issued before first hearing. DN confirmed receipt of the suggestion in a letter he had received that day from . The proposal was that a safeguarding letter would be used as an initial reporting measure by CWOs which would be compiled based on the parties’ position statements and relevant agency/social services checks received prior to the first hearing. To assist the process there would be a requirement for an initial generic court order at the time of issuing the section 11 application requiring both the police and social services to provide the relevant safeguarding information to the CWO. The safeguarding letter would highlight any concerns or issues that may affect the safety and welfare of the child/children and assist with potential early disposal. Practitioners raised some concerns at the meeting including delays regarding receipt of the results of inquiries from statutory agencies and the potential negative affect that could be perceived by clients of such process being seen as “raising the ante” in cases that may easily settle. DN asked for the letter from to be circulated to the group and for practitioners to give their considered responses as to the value of such an additional process and how best it could be implemented within 21 days. Courts Admin to circulate the letter from to FCUG attendees for any comments on the proposal by practitioners to be made within 21 days.
3. Children’s Centre Action
• DN read to the Group the updating letter from the Minister regarding funding for supervised contact sessions. Such explained that progress had been made in this regard with a formal delegation having been issued by the DHSC to enable the DHA to contract with a 3rd party to facilitate this contact and a contract had also been prepared and agreed in principle between the DHA and the 3rd party provider. confirmed that position. The question of funding of cases where proceedings had not yet been issued was raised by who commented that, in cases that had not yet needed proceedings to be issued but required supervised contact, it would be worrying if practitioners were going to have to issue court applications for matters just so that some supervised contact could be funded. confirmed that the supervised contact
provision funded by DHA was for FCW referrals only and advocates cannot refer unless the contact can be privately funded. The provision was purely for FCW on a 6 week basis but FCW could suggest more if required. confirmed that conversations with the Minister were still ongoing regarding any need for further provision. DN acknowledged the limitations in the scheme that was being introduced but viewed it as being a positive start. • DN explained how impressed the court staff had been with the facilities at the Children’s Centre HQ at Wallberry Farm during their recent visit. DN thanked the Children’s Centre for hosting the informative tour and the staff for the vital role the charity played in improving the outlook for children in the Island.
4. Legislative Changes Action
a) Adoption Act 2021 • AA updated the group and confirmed that proposed new High Court rules on adoption existed in a draft format and were with the AG’s Chambers for review. Court forms are currently being reviewed. confirmed that papers had just landed on his desk this week and he will review them as soon as possible. • gave an update on the Family Placement Service and their focus on making a clear separation between fostering and adoption. Various jobs within the FPS were out to advert. They were also urgently seeking foster carers. • DN commented that from the Court’s perspective they had seen an increase in adoption applications. confirmed that there had been six applications received so far this year. explained that the adoption side of FPS was now receiving more attention. b) FCUG Legislation Sub-Committee • confirmed that she was in the process of collating a list of proposed changes to put forward to and asked that if anyone wished to add to that list they should let her know. • DN said that any issues should be raised through the subcommittee.
5. Mediation Action
• DN confirmed that had helpfully been in touch with SR regarding improving the information about mediation on the Court’s website. SR confirmed that most changes had been done but some elements were still in progress. DN recorded his thanks to for his input. DN advised that both he and
generally involving cases where one party was a litigant-in- person, where the L.i.P. saw the drafting phase as an opportunity to reargue their case. Practitioners were asked, as far as possible, not to encourage or entertain that practice. added that CWO now had a policy of sharing the outcome of a court process with the children and delays to orders being issued had a negative impact on children in receiving such reassurance. • asked if the Court is likely to consider issuing standard orders. DN referred back to previous FCUG discussion whereby the orders drafted should generally follow the format of the published standard orders in England & Wales and in financial provision cases they should have clear headings and be appropriately differentiated by way of the recital of agreements and undertakings from the matters that the court is specifically able to order as contained in operative terms of the Order. The E&W published standard orders were quite basic in the provisions covered. mentioned that Michael Horton KC had previously given a ‘drafting financial orders’ training session and wondered if this would be of assistance. It was suggested that such could be a subject for further training organised by the Law Society. • confirmed that Tynwald should ‘this very day’ be approving the Legal Aid fees amendment and as soon as had such confirmation she would share it with colleagues via the Law Society newsletter.
8. Date of next meeting Action
Provisional date set as 27th November 2024 at 2.30 p.m. DN concluded the meeting stating how useful it is to be able to have these discussions and thanked all for their attendance. Any issues for the agenda of the next meeting to be emailed to the Family Court inbox.
(DN) Deemster Needham – GAL
(HBB) High Bailiff Brooks – Psychology.im Ltd
(SR) Stephen Robertson – IOM Courts – KLSA
(AA) Alexander Armstrong – IOM Courts - KLSA
– Family Team – Bridson Halsall
– Family Team – ASTU
– Family Team – Hannan Law
– Gray Law advocates – Hannan Law
– Gray Law advocates – Hannan Law
– Family Court Welfare – Corlett Bolton
– Family Court Welfare – Callin Wild
– Family Court Welfare – The Chameleon Clinic
– Mediator – Pringle Law
Jane Poole-Wilson MHK – Minister for Justice and Home Affairs (“the Minister”) – Children’s Centre
– Victim Support – Myerscough & Clegg
– President IOM Law Society – Family Court Welfare
1. Review of points arising from the last meeting on 29th November 2023 Action
 As to the formatting problems regarding the electronic Statement of Information form, DN explained that it was thought that the IT issue had been fixed. DN asked the group to let Court staff know if there are any further issues as this could relate to what software people are using.  The No Fault Divorce Rules on the Court’s Website, as mentioned at the last meeting, could be found in two places on the website (in the ‘Rules of Court’ tab and in the ‘No Fault Divorce’ tab using the ‘2023 Rules’ tab).  The application form to use a McKenzie Friend had been put on the IOM Courts website and can be found under the ‘No Fault Divorce’ tab within the ‘Forms’ tab and also under the ‘Forms’ tab
within the ‘Divorce Proceedings and Related Matters’. DN confirmed the form will also be added to the ‘Children’s Matters’ tab in due course.  Regarding the issue of reciprocal enforcement of financial orders in respect of pension sharing, DN confirmed that the update from the Minister had indicated that she had kindly written to her counterpart within the UK Government raising the problem and a response was awaited. Any progress will be reported at a future meeting of the FCUG.  There were no other matters arising from the last meeting.
2. Court Welfare Service Action
 DN was pleased to welcome to the group and asked if there was an update in respect of the Family Court Welfare Service.  addressed the group with an update and stressed how pleased the service was to be up to strength with attending her first FCUG meeting. commented that they continue to be proud of the work being produced by the Court Welfare Officers and are keen for it to continue.  mentioned that there should be an update regarding the issue of the contract for supported/supervised contact with the Children’s Centre at the next FCUG meeting. highlighted that the Family Court Welfare Officers are finding the absence of provision professionally frustrating which has negative impacts on the children, restricts the Service’s abilities to fully report on options and creates delays in proceedings. hoped there would be a positive update at the next meeting.  reported that the Family Court Welfare service is moving and will be based at Nivison House on Prospect Hill in the near future.  DN thanked for the update and was pleased that the Family Court Welfare Service is fully staffed as the Court relies on them so heavily. DN asked if the move to Nivison House would have any impact on the service and confirmed that the move will provide a higher level of confidentiality and will be a more appropriate base for the service.
3. Children’s Centre Action
 DN confirmed with the Group that there was no one present from the Children’s Centre today but the issue of supervised contact remains an issue highlighting comment that there should be an update by the next meeting and progress was hopefully being made on that issue.
 DN reported that since the last meeting the Court had been keeping a record of any cases requiring or likely to require supervised/supported contact and there have been four cases since the start of the year. DN commented that this may be only a proportion of cases needing the provision as some form of supervision may be a starting point in cases before they get to Court. DN reminded the Group that it is still up to practitioners to record numbers of cases outside of court proceedings and suggested setting up a list using the same format as used by the Court i.e. recording the date, case number (if applicable), number of children, type of supervision, frequency, duration of the sessions, the likely period needing supervision and who is paying for the service.  DN read a written update from the Minister indicating that a final position on funding for supervised contact via the Children’s Centre should be communicated at the next FCUG meeting. The Department’s priority being funding for any supervised contact ordered by the Court for cases which required to be reported on by Family Court Welfare Officers.  highlighted the significant impact that the lack of this service is having as she has had to ask the Children in Need charity for funding for one case which is currently awaiting approval and highlighted another case that unfortunately was not granted funding by the charity. DN commented that situations such as this were what FCUG had been keen to move away from and it was hoped the public funding for the Children’s Centre to provide the service would be forthcoming.  advised the group that IOM Law Society President, , had requested data for supported contact cases, DN reminded the group of the need for practitioners to provide this information. Practitioners to continue to take note of supervised/ supported contact cases
4. Legislative Changes Action
a) Adoption Act 2021  AA updated the group and explained that liaison is continuing and the final draft set of regulations had been received, these were sent to the steering group and looked at internally. From this the feedback will then be provided to the Department regarding any possible changes before the Act is brought into force. Adding that it is the intention of the Department for the Act to come in later this year. AA added that, so far, the thoughts are that the current rules should still work with the new Act. DN noted the progress being made.
b) FCUG Legislation Sub-Committee  AA updated the group on the six key areas that were identified by the sub-committee and then were provided to DN and HBB for their thoughts before being passed to the Minister to confirm whether there should be changes in the legislation. AA confirmed that there was broad support from the Judiciary surrounding the six key areas and the Minister will be able to look into the feasibility of such suggestions.  LM confirmed that the sub-committee is meeting again next week.  DN noted that it will be interesting to see what comes from the idea of changing the name of Residence/Contact Orders to Child Arrangement Orders incorporating ‘spend time with’ and ‘live with’ provisions. added that when talking to children ahead of reporting for the Court there is benefit to changing the language used to be more child focused. DN confirmed that DN and HBB’s views are neutral on the matter but if an alteration in terminology is helpful in practice such may justify the change.
5. Mediation Action
 DN noted that at the last meeting it was mentioned that there was training to be held at Hannan Law by on 11th December 2023. updated the group and advised that the Manx Mediation Network has now reformed, currently there are 8 mediators, some being new to mediation. It is hoped that there can be training offered through the IOM Law Society. DN stated this was excellent news and asked if there had been a reason for the lull, confirmed it had simply drifted and needed a kick start.  DN advised that it is very important for practitioners to steer their clients towards mediation as soon as possible, noting however that mediation is not currently compulsory. noted that people are more willing to engage in mediation if they are not forced into it.  explained that he tends to work on an outline or summary of arrangements with clients which can then be passed on to advocates which seems to work well.  advised the group that he provides freelance mediation and will take on legal aid cases. highlighted that although mediation is not compulsory more could be done to insist people get more information about it at an early stage and asked if there is anything more the Court could do to get the message across, e.g. by making the IOM Court website more user friendly for litigants in person by using plain English. DN stated that any suggestions, including what and how areas of guidance on the
website could be changed, would be useful and that all ideas should be directed to SR.  DN suggested that sending out guidance when returning processed applications is a possibility e.g. in the letter sent to applicants highlighting information about mediation being available on the Courts website. mentioned he also has a website with information available, adding that although the Court tends to be the starting point for people it does not have to be. added that it is hoped that most advocates already suggest mediation when meeting with clients. DN also hoped such occurs.  suggested changing the wording of ‘family mediation’ e.g. to include the word ‘professional’ to see if more people are willing to engage/look into it. cautioned that such could confuse people more.  highlighted a recent case involving an inheritance dispute where mediation worked well. DN mentioned that it is good to highlight mediation in probate cases as such can be more vigorously litigated than ordinary family cases.
6. Training and Continuing Professional Development Action
 confirmed he has had a useful chat with the new Law Society Education Executive, , who has only been in the job around 2 weeks.  It was mentioned that civil and criminal advocacy training is well attended but there is nothing currently for family. mentioned that CPD is something will be looking into. DN highlighted the difference in family advocacy to criminal and civil.  mentioned the possibility of training before the new Adoption Act comes in. mentioned that the Education Committee decide on training some time in advance so it would be useful to start thinking about this now so it can be brought to the Law Society in good time.  mentioned issues with costs orders as it is hard to advise clients. DN commented that the general approach is costs neutral i.e. no order.  mentioned two courses that are coming up (one online and one in person in London) and advised she will send in the links to be circulated. DN thanked for providing these suggestions and mentioned that online advocacy training can perhaps be not as useful as in person training as the role play is an important aspect of learning. advised that role play can also be completed via online training with some trainers and if funding is an issue this Practitioners to email with suggestions regarding what training could be useful & any barrister/solicitors who could conduct training e.g. in regard to the new Adoption Act
can be a cheaper alternative to going away or bringing trainers to the Island so may help the Law Society to fund it.
7. Any other issues Action
 DN mentioned the issue of juvenile courts coinciding with family court being held in courtrooms in the Registries Building as highlighted by . DN confirmed that this is an issue for directions lists every other Wednesday and that court administration was doing as much as possible to prevent this clash. AA confirmed that this issue is continuously being reviewed. mentioned that the ICO’s can also be impacted by the juvenile courts as long juvenile lists can mean very long waiting times for the ICO list set to follow. DN noted that previously appointment slots had been used for the juvenile list. confirmed that there use to be a finite list of juvenile defendants, rather than unlimited listings, but that there were also more juvenile courts held at that time. DN noted that listing in the juvenile court was outside the remit of the FCUG but confirmed all will be done to keep the family court list in a separate building to the juvenile list although for practical reasons sometimes such was not possible.  HBB brought up an issue with draft Consent Orders being returned to advocates for amendment but being re-submitted without amendment, with staff at the firms apparently not taking heed of the guidance contained on the communication from the Court accompanying the return of the defective order. DN commented that ultimately the Court has to approve the draft Consent Orders so the need for any amendments suggested by the court should be addressed.  asked if there are template orders which could be provided to people who attend mediation. DN noted that, with the necessary amendments, the layout generally followed the Standard Family Order layout as published in England & Wales in May 2023 (see SFO-Vol-1-150523.zipfile and SFO-Vol-2-150523.zipfile). Such forms being downloadable. As to other useful precedents, SB mentioned Acting Deemster Michael Horton’s book (Compromise in Family Law, LexisNexis) as a useful resource. suggested the use of standard order 2.1 - Financial Remedy Order on Lexis. Training links as mentioned by :- https://www.bpp.com/courses/professional-development/family- advocacy-the-key-principles https://resolution.org.uk/event/advocacy-for-family-lawyers-july-2024/
8. Date of next meeting Action
Provisional date set as 24th July 2024 at 2.30pm. DN concluded the meeting stating how useful it is to be able to have these discussions and thanked all for their attendance. Any issues for the agenda of the next meeting to be emailed to the Family Court inbox. {NB. Subsequently rescheduled to 17th July 2024 to avoid school holidays}
3. Children’s Centre Action
 confirmed the contract for providing court ordered supervised and supported contact is now in place. There was to be some discussion regarding the method of transition to such support for cases that were moving into the court process which presently were privately funded. Referrals must be linked to the cases falling within the role of the Court Welfare Service - Department of Home Affairs for vires purposes and was restricted to those cases where there had been a court referral. JPW confirmed this position. JPW was pleased the contract is now in place and operating. It was unlikely that additional funding could be offered as there are no spare funds within the budget. confirmed they continue to offer a privately funded service at the Children’s Centre for those who can pay.  confirmed the therapeutic/education service is well utilised and working very well. “Through the Eyes of a Child” has now been re-named as “Divorce and Separation – A Child’s View”. Previously this course was run as a group session and users may have had to wait some time for a course to take place when there were sufficient number of attendees. To alleviate such difficulties the Children’s Centre had piloted education on a 1 to 1 basis which proved to be much more productive and can be tailored to the individual’s needs and situation. The group-setting sometimes had not been as easy to manage. Referrals are now responded to much more quickly and time is set aside every week for a weekly review of the caseload. DN commented that the court sometimes makes attendance on the course a formal direction of the court.  DN thanked and the rest of the staff at the Children’s Centre for the vital work that they did.
4. Legislative Changes Action
a) Adoption Act 2021  AA updated the group by way of email: “Progress on the Court Rules for Adoption continues. Since the last meeting the draft Rules have been reviewed by the Attorney General’s Chambers and Manx Care and feedback provided. The Court is currently working its way through the feedback and producing a further draft of the Rules incorporating the same. Once completed, within the next week or so, they will be reviewed by the drafters and Deemsters prior to signing. A similar set of Rules, with necessary modification, will be needed for the Summary Courts and these will be produced once the High Court Rules are settled. Having liaised with Chambers, we are aware of some potential difficulties with the Summary Courts jurisdiction and are investigating the
8. Date of next meeting Action
The date of the next meeting will be sometime in March 2025. This will be set administratively and contained in the minutes:- DATE NOW INSERTED – 26 March 2025 at 2:30pm DN concluded the meeting stating how useful it is to be able to have these discussions and thanked all for their attendance. Any issues for the agenda of the next meeting to be emailed to the Family Court inbox.
(DN) Deemster Needham – Family Court Welfare
(HB) High Bailiff – Family Court Welfare
(AA) Alexander Armstrong – Legal Officer, Courts – GAL
(SR) Stephen Robertson – Civil and Family Courts Business Manager – KLSA
– Family Team (JPW) Jane Poole-Wilson MHK – Minister for Justice and Home Affairs
– Family Team – Bridson Halsall
– Hannan Law – Corlett Bolton
– Hannan Law – Corlett Bolton
– The Children’s Centre – Pringle Law
– The Children’s Centre – Pringle Law
– The Children’s Centre – Hannan Law
– LVW Law
1. Review of action points arising from the last meeting on 26th March 2025 Action
 DN apologised to the group as was erroneously noted in the minutes of 26th March 2025 as suggesting various training options when the reference should have been to .  There were no other matters arising from the last meeting.
2. Court Welfare Service
 Update from – Pleased to say that they have recruited successfully last week. , who previously worked as a CWO, will be re-joining the team on 17th September 2025.  will be reducing her hours to 20 per week from 8th September 2025.
 confirmed that the supervised contact contract is going well, they are almost at full capacity. They have about 25 hours supervised available. The ‘Separation and Divorce: A Child’s View’ course continues to receive positive responses from parents.  explained that over the last 18 months, the cases they deal with are increasingly complex and often highly emotive. To an extent this is side-tracking parents from the needs of the child(ren), but staff work to bring the focus back. said they are trying to get parents to use parent plans but staff were having to do a lot of ’mediating’ between parents. There was a concern that some parents appear fixated regarding domestic abuse legislation rather than focussing on the needs of the child.  also asked for 4 weeks’ notice to given to the team (prior to the commencement of the contracted six weeks of sessions at the Children’s Centre) when court orders referring to interim supervised contact were to be issued as there are difficulties at times making arrangements with parents.  reminded that staff are reluctant to be required to give evidence in court proceedings and there is no provision for them to give evidence under the current contract. Such merely envisaged staff reporting to the Court Welfare Service who in- turn feed such information to court. DN thanked staff at Children’s Centre for the work that they do.  JPW was glad that the contract was going well. DHA was in active discussions with the Dept of Social Care to try and make the contract more streamlined in terms of vires.
4. Legislative Changes Action
a) Adoption Act 2021 – Update provided by AA – Progress continues. The main issue relates to allocation and powers of the Courts – i.e. – which rules apply to High Court, which to Summary Court and the rules that apply to both. The aim is to have rules in place by next FCUG meeting. AA continues to push this matter. DN confirmed that there have been 2 step-parent adoptions concluded since the last FCUG which were appropriately managed, despite the court having no up-to-date Adoption Rules. If there were more contentious adoptions the lack of rules would create significant difficulties and DN has asked that the urgent need for such rules be taken back to the drafters such that the Rules be expedited. b) FCUG Legislation Sub-committee: AA, JPW) – Update from who gave a list of topics for consideration– 1. Wording change – Contact/Residence to Child Arrangements. AA to use best endeavours to encourage finalisation of drafting of Adoption Rules by the next FCUG. Members of the Sub- committee to meet in September and prioritise such
Date of Next Meeting
Provisional date set as November [Meeting has been scheduled for 2.30p.m. on Wednesday 12th November 2025 in the Wedding Room] DN concluded the meeting stating how useful it is to be able to have these discussions and thanked all for their attendance. Any issues for the agenda of the next meeting to be emailed to the Family Court inbox.
(DN) Deemster Needham – MannBenham
(HB) High Bailiff – Children’s Centre
– Family Team – KLSA
– Family Team – Manx Care
– Family Team – GrayLaw
– ASTU - Simcocks
– Hannan Law – MannBenham
- BridsonHalsall – Corlett Bolton
– Family Court Welfare – Hannan Law
– Family Court Welfare – Family Court Welfare
Jane Poole-Wilson MHK – Minister for Justice and Home Affairs Stephen Robertson - Civil and Family Courts Business Manager
– Myerscough and Clegg Alexander Armstrong – Legal Officer, Courts
1. Review of points arising from the last meeting on 27th November 2024 Action
DN welcomed the new members of staff within the court’s family team, , to the FCUG. DN referred to the issue of the reported blank page in the on-line divorce application form raised by on last occasion – Court staff have been unable to identify the problem but SR has been in touch with to discuss the issue directly and the latter will alert staff if it occurs again. confirmed that the typing error in the Statement of Information identified by her last time has been corrected. • There were no other matters arising from the last meeting.
2. Potential Developments in Family Law Action
DN referred to the recent report, published on 18 December 2024, by the Law Commission for E&W, titled: “Financial remedies on divorce and dissolution - A scoping report”. Such
made interesting reading which DN commended to the Group. Of greater interest would be the UK Government’s response thereto which would need to be carefully monitored so that the Island, where appropriate, remained in step and able to continue to draw on the valuable caselaw from E&W. DN commented that rather than providing specific recommendations, the report outlined various models for reform. The critical comment of the Commission had been regarding the wide discretion of judges in E&W which could lead to uncertain or inconsistent outcomes. DN commented that in a smaller jurisdiction with a limited number of judges consistency was easier to maintain. The various models of proposed reform put forward by the Commission ranged from codifying the common law principles from the well-known House of Lords/Supreme Court cases into statute, to a default regime which would make clear how property would be divided on divorce with the removal of judicial discretion. DN commented that although the process of actual reform occurring in E&W could be relatively lengthy the FCUG and the Sub-Committee on Legislative reform should keep such matters under review. FCUG and Sub- Committee to keep a watching brief of reform of ancillary relief in E&W.
3. Court Welfare Service Action
Three court welfare officers were present at the meeting. It was noted that departure from office would occur on 4th June 2025 which would place additional pressure on the remaining officers. was introduced and emphasised ongoing recruitment efforts, with the goal of appointing a replacement before departure to ease the workload on . also confirmed his willingness to serve as a direct point of contact. DN thanked the officers for their hard work and commented that from the court’s perspective, Court Welfare Officers were effectively managing their duties and maintaining a high standard in their reports despite the complexities surrounding certain ongoing High Court matters. DN asked how the courts could assist once leaves, confirmed that officers are well-supported by the courts, with the courts only requesting essential reports. DN referred to the statistics recently published in the Annual Report of 2024 of the Isle of Man Courts & Tribunal Service. The report revealed a significant decrease in private law family case numbers since 2019/20, dropping from approximately 80 cases to just 32 in 2023—a figure consistent with the previous year. questioned the underlying factors contributing to this decrease including the Pandemic. Nevertheless, the general feeling amongst practitioners was that in recent months the family court had become busier. DN also noted a rise in complex applications, DHA/FCWS to expedite recruitment of replacement CWO
DN highlighted that these situations can occur, particularly in cases of domestic violence where fact-finding may be required in both courts. The adversarial nature of fact-finding in the family court meant that it is never likely to be a speedy process such that there is a risk that supervision of contact for the non- resident parent must cease due to their limited resources. Such cessation of contact is usually not in the interests of the children involved. acknowledged the challenging situation, emphasising the importance of a risk-based, safeguarding approach. Interim contact orders should ensure contact takes place for the benefit of the child. noted that the Department’s support for the Children's Centre sessions is only available during the court reporting stage, raising concerns about payment thereafter. Furthermore, the process cannot begin until the criminal case is resolved, leaving children at a disadvantage. It appeared that supervised contact could only proceed in such cases where the parties were able to cover the costs privately. DN noted the shortcomings of the contract provision and commented that the system was not perfect but was better than previously when there had been no provision at all. reflected on the minutes from the previous meeting, mentioning the divorce and separation course for children as a highly positive initiative. Families can call to book directly, with a reasonable fee of £120. Leaflets will be distributed to advocates, and the service currently has no waiting list. pointed out a URL link to the Children's Centre site, which serves as an excellent resource for supporting families. Practitioners are requested to advise clients to consider attending the course as early as possible
5. Legislative Changes Action
a) Adoption Act 2021 DN indicated that work on the Adoption Act 2021 rules continues. The aim is to create a single piece of legislation encompassing both family and summary courts. Alex Armstrong is liaising with the Attorney General’s Office and expressed hope that the review of the final version will not take long. Mr Armstrong provided a written update, indicating that there has been some back-and- forth on the rules, but the finalised version is expected shortly. DN suggested that the statistics in the 2024 Annual Report had indicated that in the most recent year Adoption numbers were on the rise, which had resulted in a number of happy adoption ceremonies occurring in the courts recently. DN gave his thanks to advocates who represented the adopters for their help in New court rules on adoption to be finalised as soon as possible.
cited as a reason to avoid mediation which could itself make the resulting litigation more contentious. In the Isle of Man it was confirmed that legal aid will generally cover the costs of mediation in appropriate cases which was a very positive feature. DN suggested that further thought needed to be given to whether compulsory mediation should be required and suggested that practitioners’ views should be shared with the Subcommittee who may wish to explore this matter in greater detail. A point of concern was the potential delay of resolving a case due to cancellation of mediation meetings. Practitioners to give further thought to mediation being compulsory in private law family cases and what exceptions should be to such a step.
7. Training and Continuing Professional Development Action
DN referred to the Law Society having arranged via the Judge of Appeal and the Courts a two-day general advocacy training course taking place on the 2nd and 3rd May 2025 provided by the Inns of Court College of Advocacy to which some family practitioners were attending. indicated that the Liverpool Law Society (“LLS”) offers a variety of family-specific courses, including online, one-day events and regular sessions. These courses are designed to be interactive, engaging, and highly informative, catering specifically to the needs of family law professionals. Membership is not a requirement to attend, making them accessible to all. They also provide an email subscription service with newsletters delivered four times a week to keep participants updated on upcoming events and opportunities. Additionally, solo advocates can benefit from discounted rates, making it an affordable option. added that the LLS also conducts three-day care courses, which are highly regarded for their quality and practical insights. , explained that the trainer is expected to visit the Isle of Man to deliver a course, and there is optimism that attendance fees will hopefully be subsidised to encourage greater participation. It is anticipated that interest in the course will be significant, with many eager to attend. DN expressed strong support for such training and was pleased at the plans to offer on-Island sessions, making them more accessible to local participants.
8. Any other issues Action
DN referred to recent announcements in the UK regarding the Labour govt. being committed to considering future changes to the law so as to provide greater protection for unmarried couples when separating, which practitioners should keep a watching brief upon.
DN referred to the IOM court statistics which indicated that the number of joint applications for divorce was slightly decreasing, while sole applications had slightly risen. Currently, joint applications accounted for 44% of all cases in the IOM, compared to 56% being sole applications. It was hoped that this downward trend of joint applications did not persist. It was noted that the present ratio in the Island was better than in E&W where 75% of all divorces were based upon sole applications. Joint applications were welcomed in that, inherently, parties were seen to be taking a more collaborative approach. DN referred to the current divorce application form not including a section to confirm if there were children of the marriage. Instead, applicants acting in person were trusted to complete a separate Statement of Arrangements for Children form as required by the guidance note on the form, but such had the potential to be omitted. To address this issue, the application form is set to be amended to ensure that this vital information is not overlooked.
9. Date of next meeting Action
Provisional date set as early August [Meeting has been scheduled for 2.30p.m. on Wednesday 6th August 2025 in the Wedding Room] DN concluded the meeting stating how useful it is to be able to have these discussions and thanked all for their attendance. Any issues for the agenda of the next meeting to be emailed to the Family Court inbox.

Full Response Text

FAMILY COURT USERS GROUP

AGENDA FOR MEETING TO BE HELD
IN THE WEDDING ROOM ON 21ST OCTOBER 2020 AT 2.30 P.M.

  1. Review of action points arising from the last meeting on 11th July 2018
  2. Our Family Wizard
  3. Pension Sharing
  4. Litigants in person – guidance for
  5. Change of schools – Parents’ consent
  6. Court Welfare Service
  7. Contact Centre Availability
  8. Legislative Changes  Diversion of Offenders and Domestic Abuse Bill  Vulnerable Witnesses  No-fault Divorce  Adoption Bill
  9. Mediation
  10. Training and Continuing Professional Development
  11. Any other issues

Extraordinary Civil Court Users Group Meeting – Covid 19
1st May 2020 at 11:00am

Present at meeting:-
Deemster Corlett (DC), Deemster Needham (DN), Judge of Appeal (JOA)

Stuart Quayle (SQ), Stephen Robertson (SR)

Agenda:- • Email from the President of the IOM Law Society, , raising the following points: 1. Electronic filing of exhibits and core/hearing bundles 2. Summary Procedure matters
3. Final hearings before the Appeal Division 4. Remote hearings i.e videolink or telephone

1. Electronic filing of exhibits and core/hearing bundles

Judiciary stated core/hearing bundles are required in hard copy

Agreed that where the judicial member does not require viewing of original exhibits they can be filed electronically to comply with filing requirements such as directions orders. An undertaking to file the hard copy at later stage – wording to be confirmed. - Onus is on advocates to ensure original hard copy of exhibits is filed as soon as practically possible and in any event prior to the final/main hearing. Advocates, as Officers of the Court under a duty to ensure the court record is complete. Court staff not required to chase advocates for follow on filing of hard copies.
- Where the judicial member either wishes to or is required to view/consider witness statements and exhibits the hard copies of those documents must be provided.

2. Summary Procedure matters

Concerns that website guidance indicates encouragement to stay any hearings and the pausing of any form of progression within the proceedings.
- Judiciary indicated of course this not the case and parties and advocates should use their best endeavours in working together to progress matters and/or agree on wording of any necessary consent orders. Nothing stopping advocates doing this from Courts perspective
- Pointed out and agreed that possession matters are not being progressed at this stage.
- Recognised that advocates should try and be progressive. Where necessary an application can be made to the court and the relevant judicial member will consider it in the usual way

3. Final hearings before the Appeal Division

Judiciary confirmed that yes, absolutely hearings were taking place save for where the parties provided the court with information that necessitated the need for a short adjournment of a few weeks eg a party suffering from symptoms of Covid 19 or had been confirmed as positive for Covid 19.
- To accommodate as best as possible hearings (both directions and final) have been held in a variety of ways with a combination of one or more individuals physically in the courtroom and one or more remoting in via videolink or by telephone.
- It is vital that society sees that courts such as appeals are progressed to avoid any unnecessary or unfortunate attempts to hinder justice
- Some matters, such as costs, have been dealt with on paper

4. Remote hearings

Concerns that whereas criminal and family related courts are using videolink and telephone for remote hearings, civil courts don’t appear to be engaging them - Judiciary indicated remote hearings are available, have been offered and have taken place for certain matters such as directions and short hearings. Parties, mainly advocates, have not further sought remote hearings and some have asked to come to court physically. Nobody is making parties come to the physical courtroom - Due to the nature/type of some cases and the availability of the required kit and courtrooms there isn’t a principle of general open access to remote hearings but advocates/parties are free to enquire as to the availability of remote hearings
- Agreed that holding main hearings eg length of a day or more or where much documentation is involved is not ideal to hold it for example by telephone. However again this isn’t out of the question and has taken place on one occasion. Judiciary are considering such requests on a case by case basis. - Where appropriate it is also possible to deal with some matters on paper only

5. Any other business:

Law Society thanked the Judiciary for arranging this meeting and enabling positive engaging discussion and general approach to the Courts at this time - Law Society also passed on their thanks to all members of court staff for their positive and helpful support in working together in these unusual times. - Given the helpful nature of today’s meeting the First Deemster suggested it could convene more regularly whilst Covid 19 was present. Law Society were very grateful for such suggestion.

  1. Action points

  2. Law Society to feedback the contents of today’s meeting to its members

  3. Law Society to provide a draft form of words in respect of the Court’s website guidance to reflect the outcome of today’s discussion
  4. First Deemster to discuss the convening of this group more regularly with the Chief Registrar.
    Meeting ended at 12.15pm.

Civil Court Users Group Meeting
5th November 2020 at 2.30pm

Present at meeting:-
Deemster Corlett (DC), Deemster Needham (DN)

Stuart Quayle (SQ)

Agenda:- 1. Recap on Meeting on 16th June 2020 2. Deemsters’ practice direction of 11th August 2020 (02/2020 Authorities & Bundles) 3. Witness Statements (Proposed English practice direction 57AC) 4. Disclosure pilot (English Commercial Court proposals – practice direction 51U) 5. Inaccurate reading and hearing time estimates (London Commercial Court notice 28th September 2020)
6. Summary assessment of costs – a new form? 7. Duplicate filings 8. Any other business

  1. Recap on Meeting on 16th June 2020 Covid-19 issues
    • Travel restrictions continue to impact upon UK Panel Deemsters, Counsel, experts, witnesses etc causing delays in hearings and the progression of cases. Availability of Video links • Lots of warning required for video link hearings as it is only available in 3 court rooms (possibility of 1 set of mobile video equipment being added to court 1 early next year). • Video link is ok for legal submissions but not ideal for witnesses. It is very case sensitive.
    Court Fees • Amendments to fixed costs (Rule 11.17) - No proposal received from the Law Society yet.

  2. Deemsters’ practice direction of 11th August 2020 (02/2020 Authorities & Bundles) • – Early days but has heard no comments on this so far from Law Society members. • DC – If bundles don’t comply with this practice direction they will be sent back. • – Noted that the practice direction is not searchable on the courts website.

• – Direction is published on the courts website under Rules of the High Court of Justice 2009.

  1. Witness Statements (Proposed English practice direction 57AC) and
  2. Disclosure pilot (English Commercial Court proposals – practice direction 51U) • – Noted that the disclosure pilot is under review and may be extended/changed. • DC – IOM Courts require a protocol/practice direction in respect of electronic disclosure.
    • – Agrees with need for protocol to provide consistency and certainty for practitioners.
    • – Suggested that the Law Society consider both the proposed English practice directions and a protocol for electronic disclosure and come back to the court with comments.

  3. Inaccurate reading and hearing time estimates (London Commercial Court notice 28th September 2020) • DC – An estimated reading time would be helpful once the matter has been set down for hearing. This estimate can be updated later on if necessary.

  4. Summary assessment of costs – a new form? • Form to be updated for example to split the “work on documents” box into more relevant categories, e.g. pleadings, correspondence.
    • Law Society to revert to the court with a suggested revised form.
    • Agreed that it should not become over-complex.

  5. Duplicate filings • Documents still being sent to the court both electronically and in hard copy.
    • Please file in hard copy only, unless urgent or otherwise requested.

  6. Any other business • (not present at this meeting) requested a meeting of the Advocates Fees Committee to review the conveyancing fees order. A paper from is to follow. • Legal Aid – no updates, last submission made in May, Attorney General to report to Legal Aid Committee then publish the outcome.
    • Citizens Advice Bureau -

  7. – Advocates have concerns around insurance status if giving advice under citizens advice bureau.
  8. – Citizens advice have a list of legal aid firms and are always good to send people to these firms, so help is being given where needed.

Action points following this meeting: 1. Law Society to make proposal on increase on Advocates fixed costs (Part 11 of RHCJ 2009). 2. to follow up on issue with searching courts website for Practice Direction 02/2020. 3. Law Society to provide comments on Witness Statements (Proposed English practice direction 57AC) and the disclosure pilot (English Commercial Court proposals – practice direction 51U). These comments should also include the issue of electronic disclosure.
4. Law Society to provide draft amended form for Summary Assessment of costs.
5. Reminder re: duplicate filings to be published in Law Society newsletter.
6. to produce a paper with proposals re: conveyancing fees for DC consideration. Thereafter a meeting will be arranged.

The next Civil Court Users Group meeting will take place in approximately 6 months’ time (date to be confirmed) unless there is a second wave of Covid-19 and an emergency meeting is deemed necessary.


Civil Court Users Group Meeting
16th June 2020 at 2.30pm

Present at meeting:-
Deemster Corlett (DC), Deemster Needham (DN), Deputy High Bailiff Arrowsmith (DHB),

Stuart Quayle (SQ)

Agenda:- 1. Covid-19 allowances/restrictions 2. Video/Telephone links
3. Fees
4. Filings 5. Advocates Training/Education
6. Any other business

  1. Covid-19 allowances/restrictions • SQ confirmed that the public counter is now open and from 22 June we will no longer be posting out documents and will return to using advocates boxes as normal. • The courts website will be updated to confirm that the pre-pandemic arrangements for all filings will be back in place from 29 June.
    • All signs and tape have been removed from courtrooms but will remain on the concourse for now. Hand sanitiser and PPE will remain available for those who request it.
    • The court can now obtain travel exemption for UK Panel Deemsters but this is not easy to do and it is still not 100% clear how it will work.

  2. Video/Telephone links • – can those still “shielding” continue to appear by video/telephone link? • DC – There are mixed feelings about video/telephone links. Not happy with witnesses giving evidence remotely. • Confirmed that off island witnesses can dial in from anywhere (do not have to attend another court) in order to give evidence provided that everyone is satisfied that nobody else can interfere with evidence. • All agreed that remote hearings are difficult.

  3. Fees • – Can the advocates fixed costs in Part 11 of RHCJ 2009 (table 1, 2 & 3) be reviewed and increased? DC confirmed that the Law Society should make a proposal for his consideration.
    • – Also concerned that general increase in other court fees may block access to justice for some. SQ confirmed fee remission is available and that Treasury consider benchmarking when changing any fees.

  4. Filings • DC – Skeleton arguments, bundles etc still being filed incorrectly. Going to draft and issue a short guide on how they should be done. A practice direction will also be issued once the Justice Reform Bill has been reviewed making them permanent. • Duplicate filings becoming an issue again – only file documents in hard copy, unless it is an urgent matter (e.g. injunctions) or unless specifically asked to file electronically.

  5. Advocates training and education

  6. Strong desire for Manx Bar exams to be held in November, one student has already been impacted by time limit due to cancelled sitting and if Novembers sitting is also cancelled others will be in same situation. Usual educational talks to be held in September (Law Society looking into technology options).
    • Junior advocates can come and watch any public hearings to help with learning. Court listings are published on courts website weekly.

  7. Any other business
    • – was a practice direction issued in respect of filing possession matters during Covid-19 outbreak? • DHB – No, possession matters were considered on a case by case basis and nobody was stopped from filing claims/applications.
    • DC- The only practice direction that was issued related to winding up applications, but none were filed.

Action points following this meeting: Law Society to make proposal on increase on Advocates fixed costs (Part 11 of RHCJ 2009).

The next Civil Court Users Group meeting will take place in approximately 6 months’ time (date to be confirmed) unless there is a second wave of Covid-19 and an emergency meeting is deemed necessary.


Extraordinary Civil Court Users Group Meeting – Covid 19
27th May 2020 at 12 noon

Present at meeting:-
Deemster Corlett (DC), Deemster Needham (DN)

Stuart Quayle (SQ)

Agenda:- On-going concerns about civil courts during Covid-19, including:-
1. Video link/telephone hearings 2. PPE/Court building
3. Civil Summary case management
4. Any other business

  1. Video link/telephone hearings • DC had a video link hearing on 21 May which was successful but would not have been suitable for a fully contested matter as words can be lost or become distorted.
    • recently attended a telephone hearing with the Deputy High Bailiff which was difficult as the line became blocked and Counsel had to repeat parts of their submissions.
    • Confirmed that parties can “listen in” to a hearing being conducted by video/telephone link but this must be arranged with courts administration in advance of the hearing date so relevant details can be obtained and to ensure that licences are available.

  2. PPE/Court building • SQ confirmed that all court rooms and public areas are being marked

[Response truncated — full text is 233,610 characters]