Family Court Observation Report: Legal System and Legal Reasoning

This report presents a student's observation of the East London Family Court, providing insights into the daily proceedings and the application of legal reasoning. The observer attended court on June 25, 2018, noting the security measures and the supportive nature of the court staff. The report details observations from various cases, including child custody disputes, domestic violence cases, and requests for restraining orders. The observer noted the interactions between judges, lawyers, and parties involved, highlighting the ethical considerations and the focus on delivering justice. The report also touches on the challenges faced by judges in family court, such as dealing with broken families and making decisions in the best interest of children. References to relevant literature are included to support the observations and analysis. Desklib provides access to similar solved assignments and resources for students.

Legal system and Legal Reasoning
1

Court Observation Paper
In order to write the observation report on the working of court, I decided to visit East
London Family Court which is addressed as 6th and 7th Floor, 11 Westferry Circus, London
E14 4 HD. I decided to visit the court on 25 June 2018 and therefore I reached on the same
date to the court at around 8:30 am.
To reach in the court I used public transport and therefore I directly headed to the court
premises where I, first of all, met with the security guards and detectors. I was asked by them
to make my all the pockets empty, my jacket. After security checking in went inside the court
building. While heading to the courtroom it was observed there was too much security and
which I opined that is good measures for the security of the place.
On reaching outside the court premises I observed that the premises of the court were very
ordinary, however, the staff of the court was found to be very supportive to me and other
visitors to the court as well. I, first of all, approached the receptionist who was sitting
sounded by the bulletproof glass. I was inquired by her about my purpose of visit and who I
was. The receptionist after clearing with her information allowed me to visit any court
session that was going on at that time unless the judge thinks otherwise. Since all the courts
were crowded I decided to go in the last courtroom in which little less crowd was there.
I went inside the courtroom and asked the judge to permit me to sit in the courtroom if he did
not mind. The judge permitted me to sit in the court and told for the day hearing that was
scheduled for the day. He also shared his little experiences about his work along with his
background. He told that many of the family cases especially divorced cases are becoming
common matters before him. He also told me that he believes that more inflicting provisions
have to be there on both the parties to the marriage so that decision of divorce is not taken in
hustle. He also suggested that the cases of mutual divorce are also very common nowadays
(The Bach commission on access to Justice, 2016).
In the courtroom, I observed that behind the seat of judge there was Fan with County of
Wayne. There was enough arrangement for the sitting of the parties of cases, however, I was
told by the judge that on certain occasions only crowd is less in the court otherwise the
courtroom is highly crowded. There was separate sitting arrangement for the waiting of the
visitors of the court and they were separated from the place where the council for the parties
and the parties themselves sits and pleads the case. For recording of the observation of judge
2

and making the record of the files of parties, there were two clerks who gave the computers.
In order to facilitate the judge of the court there were microphones however the same is not
necessary to be used and since that day I visited, there was not much crowd.
I had heard that in family court there is no formal process of proceeding with the case and the
same was found out by me in my observation. Guards and other visitors were coming in the
court when the judge was hearing the parties. It was also found out that there was not only
one case which was there with the judge and how easily he was moving towards the other
cases by adjourning the cases before him (Hunter, 2015).
The first case which I observed was one in which issue of custody of child was there. Father
of a child made the petition for the custody of child. He was present before the judges,
however, her mother was not there and she was represented by the attorney she sent. Since
the mother of child was not there judge adjourned the case and warned her representing
attorney to ask her to be here in next hearing otherwise the case will be decided ex-parte only.
I observed that father of child was very upset with the postponement of the custody decision
by court; however, I had no role to make him feel good.
The other cases before the judge were in relation to obtaining the restraining orders. I
observed that for this restraining order petition not much time was taken by the judge and the
parties and their petitioners were consulted for the nature of the relief they wanted and by
further confirmation from the other parties and their representatives too. So I come to the
conclusion that for these kinds of matters there was a standard practice that is adopted by the
court for deciding the case on the right time and better relief for the parties (Genn, 2017).
However, the most attractive part of observation of the court which was found by me was that
there was good interaction between the lawyers in a pleasant manner with the judge of the
court. The most attractive part of my observation was that how the parties in the case who
had the various glitches with the other parties keep themselves silent and speaks through their
attorneys only. The representation of the case by attorneys was the best part found by me and
it gave the expression off the fact about the standard practices that will be observed by me as
an attorney of the case.
The attorneys and judges of the court have very changing role to play in deciding the case.
They have to make each and every effort to the fullest that no wrong decision could have
been made by them. They have to face the cases on regular basis like the broken families,
kids in need of the good family for decent brought up, sometimes the judge has to face the
3

hopeless parents of the kinds and many more type of cases are part of their daily practice. The
parent and other parties to the dispute are found to be highly dependent on the mercy of the
judges of the court. It is very tough to think that parent of the child who gave the bright to
him or her have to be subject to the decision and verdict of the court (Broadhurst and Mason,
2017).
Another case that I observed and discussing here was domestic violence which is also a
common kind of the family dispute regularly decided by the family courts. In this case, wife
was the victim of regular violence by the husband who was habitual drinker as well. The
court passed the protection order and child visitation and the same was not still compiled with
and all the parties to the case were also not present, the judge asked the all parties to appear
on the next date with the all interested parties to the case as well. The result of the hearing
was the attorney got paid for the hearing date and noting productive result was found out.
In the middle of the proceeding, it was observed that the judge who seemed to be pleasant
and calm got aggressive over the various stages of the case. In another case, the two husbands
and wife came before the court and asked for the cancellation of the protective order against
them. The judge asked them about their final explanation to him and then it was stated by
both of them that they acted as kind and now they have realised their mistakes and both the
not willing to end up their marriage.
Another case was in relation to the custody of child to mother who was drug addict. The court
had to make here the tough question in relation to the interest of child and it was to be
decided whether granting of the custody to his mother will be in the interest of the child
future or not. Whether he can be sent to fosterage etc. However, the court on plea of his
mother granted the custody of child on the condition that she will be going on the regular
treatment to the social welfare organisation to leave the addiction of drugs (Potter, et. al.,
2015).
In this way, the court observation which had was great and let me know the practical
complication that is faced by the judges and the lawyers in the various natures of cases. This
has also helped me to observe the court practices and behaviours that are expected by the
attorneys to the lawyers and how to represent the client before the judge of the court. The
family court, therefore, serves the very useful purpose and allows the decision to be taken
with fewer formalities. Apart from the legal application the court also focuses on the ethical
and natural principles that serve the purpose of justice to the each and every one that
4

approaches the court and attorneys. They must play the supportive role so that desired justice
is imparted to them (Doughty, et. al., 2016).
5

References
Broadhurst, K. and Mason, C., 2017. Birth Parents and the Collateral Consequences of Court-
ordered Child Removal: Towards a Comprehensive Framework. International
Journal of Law, Policy and the Family, Volume 31, Issue 1.
Doughty, J., Twaite, A., and Magrath, P., 2016. Transparency through publication of family
court judgments. Cardiff University.
Genn, D. H., 2017. Online Courts and the Future of Justice. UCL.
Hunter, R., 2015. More than Just a Different Face? Judicial Diversity and Decision-making.
Current Legal Problems, Vol. 68, pp. 119–141.
Potter, A., Newton, K. and McLaughlin, H., 2015. ‘It’s good to talk’: allocation decision-
making and the Family Court. Journal of Social Welfare and Family Law, Vol.37 (2),
PP. 180-193.
The Bach commission on access to Justice, 2016. The crisis in the justice system in England
& Wales.
6