According to official figures, there were around 60,000 cases involving children, separation and contested financial issues brought before the UK family law courts in 2022. There is concern that the children caught up in messy, acrimonious and drawn-out legal cases could face unnecessary trauma. This has been linked to increased anxiety and depression, problems in school and issues in later life.

 

To combat this, the Government is aiming to roll out a series of measures to make children’s wellbeing a priority in cases where families are separating. These include:

 

• Offering parents early legal advice, so that disputes can be settled amicably as early as possible – without families having to go to court.
• The continuation of the mediation voucher scheme, which has so far benefitted almost 25,000 families by lowering the financial barriers to mediation.
• Ensuring that more courts can adopt processes which better protect victims of domestic abuse.

 

There is also a plan to extend a pilot scheme for conflict resolution in the courtroom into more parts of the UK. It has been run successfully in Dorset and North Wales, and will now be extended to Birmingham and south east Wales before being rolled out internationally.

 

This scheme involves improved information sharing between agencies, local authorities and the police, so that victims don’t need to continue retelling traumatic experiences. It also allows judges to review a greater range of documents before cases reach court, as well as giving children more of a voice on decisions which affect their futures.

 

Explaining the motivation behind the reformed measures, Lord Chancellor and Justice Secretary, Alex Chalk KC, said in a recent Government press release:

 

“There is no one-size-fits-all approach for separating families, which is why we’re ensuring people have access to early legal advice and mediation to resolve disputes as early as possible.

 

 “These reforms will help spare thousands of children the long-term harm of lengthy, combative courtroom conflict.”

 

And welcoming the proposals, Jacky Tiotto from the Children and Family Court Advisory Support Service (Cafcass) said:

 

“One of Cafcass’ main strategic priorities is to improve the experiences of children in private law proceedings. There is so much more to be done to turn up the volume of their voices and to make them central to the business of the proceedings. We therefore welcome the heightened focus on children within the government’s proposals announced today.

 

“We are already working alongside our partners in the family justice system to create a Pathfinder in Birmingham and we support the government’s intention to encourage more families to find alternative resolutions and to prioritise what is in their children’s best interests without the need for lengthy family court proceedings.”

 

Need legal help with separation? Get in touch with Liverpool divorce solicitor Tracey Miller and her team for an initial consultation. Tracey Miller Family Law is a member of Resolution, an organisation committed to a non-confrontational, family-first approach to divorce and family matters. You can reach the team by calling 0151 515 3036.