Conkerton Memorial Lecture 2008: The autonomy of the citizen in the context of Family Law disputes

Mr Justice Ryder suggested a new approach to family justice:

“…I argue for a family justice model which recognises that there are a myriad of ways of living one’s life in company with others which do not need prescription or validation from the state including the courts.

“Where protection and/or help is needed that should be available through the provision of services close enough to individuals and their community to be able to identify local solutions to problems including self help. The form of tribunal should be more closely matched to the nature and extent or gravity of the key issues and the mechanism of resolution should be re-focussed on problem solving.

“This should include an emphasis on alternative dispute resolution opportunities for the majority of low risk cases we see which could involve local practitioners whether legal or otherwise and, for example, in an inter-disciplinary forum, the local community, family members and friends. The family court should sponsor and regulate such a process while providing its essential parallel service for the high risk and serious issue cases.”