Can the British family justice system be reformed after decades of judicial restraint?
In short: Sir Andrew McFarlane, the outgoing Head of Family Justice, is breaking his silence. After 21 years on the Family Bench, he is using his final lecture to propose radical changes to adoption law, cohabitant financial rights, and the structural foundations of the family court system itself.
On June 15, 2026, Sir Andrew McFarlane delivered the Annual Gray's Inn Reading, a landmark address marking the conclusion of his career in the judiciary. Having served as the judicial Head of Family Justice for eight years and as President of the Family Division since July 2018, McFarlane used this platform to speak with a candor previously limited by judicial caution. His retirement, scheduled for Easter 2026, provided the necessary distance to critique the very system he helped lead for over two decades.
The lecture outlines a vision for significant reform across several critical areas. McFarlane highlights the urgent need to modernize adoption law and address the precarious financial rights of cohabitants, a group often left vulnerable under current legal frameworks. Beyond these specific legislative targets, he offers a comprehensive critique of the family justice system's internal operations. His perspective is informed by a long career that began at the Bar in 1977, included service on the Government’s Family Justice Review Panel, and spanned appointments to the High Court and the Court of Appeal.
McFarlane’s career reflects a deep commitment to the intersection of law and social welfare. Beyond his judicial duties, he has contributed to the legal field as a co-author of the textbook Children: Law and Practice and has engaged in extensive charitable work, including roles with YoungMinds and the prisoner support charity Not Beyond Redemption. By synthesizing his experience as a judge, a legal scholar, and a community advocate, McFarlane argues that the current family justice system is ripe for transformation, suggesting that a better way forward is not only possible but necessary for the future of British law.
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Sources
- Summary by Intellect · source: There Must be a Better Way: Thoughts on the Future of Family Law - Sir Andrew McFarlane
- Also: podcast.gresham.ac.uk — There Must be a Better Way: Thoughts on the Future of Family Law - Sir Andrew McFarlane - Gresham College Lectures
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