RCJ Advice’s family legal aid services were nominated in the category of ‘Family Law Case of the Year’ at the Family Law Awards 2023 for their involvement in the case of a migrant woman living in a refuge who, among other organisations and individuals, were subject to the service of court documents by the Tipstaff (court police) requiring disclosure of her confidential address as well as other requirements.
This was not the first time this issue had come before the High Court and the matter of how people living in refuges should be served with court documents. The matter was sent to the President of the Family Division, Sir Andrew McFarlane, for judicial determination.
With the combined efforts of our team, alongside submissions from Latin American Women’s Aid, Refuge and Rights of Women, the President set out clear guidance on how those living in refuges should be served court documents to keep them, their children and the other occupants of the refuge safe as well as maintaining the confidentiality of the refuge. The President also helpfully endorsed that just because a person has an unsettled immigration status or has nationality to another jurisdiction, this does not automatically increase a perceived risk of abduction of a child from the jurisdiction.
This case was really important in furthering the safety and protection of those fleeing domestic abuse while also maintaining the court’s purpose of serving important court documents.
For a full list of the other categories of award and cases nominated, please see the Family Law Awards.