oct ewj 24 online - Flipbook - Page 58
Changes to Family Procedure Rules April 2024
As the clock struck midnight on Monday, 29 April 2024, the Family Procedure (Amendment
No 2) Rules 2023 (SI2023/1324) fully came into effect. The changes will attempt to encourage early, out of court resolution in private family law cases.
New rules, such as these, always cause a little flip flop
in the stomachs of family lawyers nationwide. However, on this occasion, there is real cause for celebration. The new rules are easy for lawyers and the
general public alike to understand. The aim of the
new rules is to keep cases out of court, and encourage
settlement at an early stage, giving you back some of
the control that you sometimes lose once proceedings
have been issued, due to delay, oversubscribed lists,
and judicial unavailability.
If you do issue court proceedings, the court will
require you and the other party to file and serve a
form, Form FM5, which sets out each of your “views
on using non-court dispute resolution to resolve the
matters raised in the proceedings”.
Form FM5
For those who have tried non-court dispute resolution, the form requires you to explain why you are
seeking a court order, despite having attended one
form of non-court dispute resolution or another, and
to outline why it was not the right way of resolving the
outstanding disputes in your case. For those who have
not tried, the form invites you to explain why.
The new rules expand the definition of non-court
dispute resolution to include “mediation, arbitration,
evaluation by a neutral third party (such as a private
FDR process) and collaborative law”. This definition is
not limited in scope and other forms of negotiation
may also be included.
The form also requests an explanation from you as to
why you are entitled to an exemption from attending
a MIAM. You cannot simply tick a box exempting you
from non-court dispute resolution anymore. You
must have a legitimate reason, for example, if you
have been a victim of domestic abuse, or if there is
significant urgency.
At Mediation Information and Assessment Meeting
(MIAM) stage, you will have the full range of
non-court dispute resolution options explained to
you. You will also be advised which of the options may
be best suited to your particular case.
Dr Sourabh Moti Singh
Consultant Psychiatrist - MBBS, MRCPsych,
Dr Sourabh Singh has worked in the mental health services for 20 years, which includes more than
10 years of experience as a consultant psychiatrist in both the National Health Service as well as the
independent sector.
Dr Singh completed his basic specialist training in psychiatry, became a Member of the Royal College of Psychiatrists in 2007
and pursued further training as senior registrar after that. He completed an MSc in psychiatry research at the University of
Manchester in 2011. He achieved his specialist recognition from the Royal College of Psychiatrists in 2013 in general adult
psychiatry.
He has experience in various disciplines of psychiatry, including; mood disorders, psychotic illnesses, personality disorders,
forensic psychiatry, assessment and treatment for most of the mental conditions, which include ADHD (attention deficit and
hyperactivity disorder), ASD (autism spectrum disorder), anxiety, OCD (obsessive compulsive disorder), PTSD (post-traumatic stress disorder), complex PTSD, personality disorders, depression, psychosis, bipolar mood disorder and schizophrenia.
He has special interest in neurodiversity and expertise in assessing and treating mental disorders in neurodiverse
population.
Dr Singh has experience working in inpatient units, category B and High Security prisons, acute psychiatric units and medium
and low secure forensic units in the NHS.
Dr Singh has expert witness experience in providing regular reports to courts, Mental Health Tribunals, Ministry of Justice for
patients detained under section 2, 3, 37/41 of the MHA 1983 (amended 2007). He has over 10 years' experience in providing
court reports and parole reports, and has over 10 years' experience of working in prisons. Also experienced in community
forensic teams and Criminal Justice Liaison and Diversion teams in South East London where he regularly undertook
assessment and report writing in the police cells and the courts during that time.
Mobile: 07825 069418 - Email: sourabh.singh2810@gmail.com
Area of work: London, Greater London, Kent, Sussex and surrounding areas.
Able to travel or undertake remote assessments in England and Wales (terms and conditions apply).
Address: Care of Martax Accountants, Unit 113, Kingspark Business Centre, 152-178 Kingston Road, New Malden, KT3 3ST
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