Over recent months, the media have reported significant delays in family court proceedings, which has left many hundreds of thousands of families in a state of limbo. In this article, we look at why there is such a family law crisis, and how this might impact your case.
Over recent months, the media have reported significant delays in family court proceedings, which has left many hundreds of thousands of families in a state of limbo. In this article, we look at why there is such a family law crisis, and how this might impact your case.
If you have a family law issue and you require legal advice to understand your options, contact specialist family law solicitor Naheed Taj. Naheed is a highly acclaimed family solicitor with a successful track record in dealing with complex and challenging family law, divorce, and child cases.
Why are there family law system issues?
There are several factors affecting the family court system, which includes:
- Pandemic and backlogs – delays began in earnest in 2016, and increased in length during the pandemic. Whilst family courts adapted to telephone and video style hearings during lockdown, a significant backlog of cases built up
- Societal issues – complex problems, such as mental health issues, substance and alcohol abuse, and domestic violence and poverty often lead to family court cases. Societal changes, including economic challenges following the pandemic, have further complicated and added to these issues
- Cuts to support funding – funding and resources for family support services have been cut to the bone. Domestic violence services and mental health support are struggling to meet demand, making it increasingly difficult for families to access help
- Legal aid – the almost complete absence of legal aid and therefore adequate representation has left many being unable to access legal advice. This has resulted in an increase in the amount of court time needed to resolve cases.
Delays in divorce cases
Whilst the divorce itself is a relatively straightforward process, if you require the court’s input into your finances, then you can expect to experience some form of delay. Currently, it can take around four or five months from the date of the application to even reach a first appointment. If your case requires a final hearing, it is likely that from beginning to end, separating couples could be waiting for more than a year for a judge to make a decision. Having to wait for an extended period is often impractical and inevitably leads to stress, additional expenses, and increased animosity between the parties.
Court delays can also cause individuals to rely on welfare benefits whilst waiting for their finances to be resolved, proving that under resourcing the family court system is a false economy.
Delays in child cases
When couples decide to separate or divorce, there are many decisions to be made. The entire process is hard enough, but with a lack of certainty from the court, it is an additional burden for all involved, and that includes children.
According to recent family court data analysis, children are having to wait for almost twelve months to find out who they will be living with long term. Private children cases, including child arrangement applications centred around contact and residence, are taking on average, around 47 weeks to conclude. Delays are exacerbating the uncertainty facing families, with parents unable to see their children, leaving an unstable situation and inability to thrive until the matter is resolved.
Lack of legal representation has added to the problems, with court cases taking even longer to resolve and judges acting as the parties representatives, rather than impartial overseers. Without legal advisors, parties require more time and support from the court, which has the result of slowing down the system and increasing overall costs.
Plans to tackle the family court crisis include:
- Mediation first – except in emergencies or cases involving domestic abuse, parents are generally required to attempt mediation before court proceedings
- Pilot programmes – initiatives in North Wales and Dorset aim to engage separated parents in dispute to resolve them through a holistic, multi-agency approach outside of court
- Restoring early legal advice – The Law Society uses its platform to advocate government to restore early legal advice support in family law cases to help parents understand their rights and options.
What are the alternatives?
With these widespread delays, what alternative methods can couples use so that progress can be made sooner rather than later? Here are our suggestions:
Mediation:
Mediation is designed to provide a non-confrontational space for separating couples to work through their issues. When it works, it can be a fantastic option to resolve disputes and move forward quicker than waiting for the court to list your application for a hearing. You and your spouse can also decide to bring your lawyers to the mediation sessions which will enable you to obtain on-the-spot legal advice.
Private FDR/early neutral evaluation:
You may require a more formal and timetabled approach to resolve issues, but also want to avoid the stress and expense of court proceedings. A financial dispute resolution appointment (FDR) is typically the second hearing in formal court proceedings. At this hearing, the judge will give an indication as to how they think the case should be resolved and that is then used by the parties to frame their future negotiations. However, with court delays, there can be a long wait for this hearing, which can mean that things such as property valuations may need updating, and as stated above, positions may become even more entrenched.
Private FDR hearings duplicate the court format, but they take place separately from the court proceedings and on your own terms. Although there is the additional expense of paying for your ‘judge’, this is hugely outweighed by the time and expense saved on waiting for a court date.
Arbitration:
This involves an arbitrator making a binding decision upon the parties on the overall matter or a particular issue. Arbitration can allow greater control over virtually the entire process and move at a pace that suits everyone.
Collaborative law:
The collaborative process involves a series of four-way meetings involving specially trained lawyers who all work together to reach an agreement. Everyone signs a ‘participation agreement’ at the start agreeing that in the event the issues cannot be resolved, the parties will each instruct new solicitors. Arguably, this gives added impetus to the success of the process.
Solicitor led negotiation and round table meetings:
This method is often the first port of call for separating parties to test the water and narrow down the issues. Progress can be much slower than other forms of dispute resolution, but it can also open a channel of communication where correspondence clearly sets out each party’s position.
Find The Best Divorce & Family Lawyers Near You
We independently review and list the top divorce lawyers and family solicitors in the towns and cities near you. 100% free.
The information on this website is to be considered a guide and is therefore not legal advice. You use this information with the understanding that Wiselaw does not accept liability for any direct or indirect losses as a result of anyone relying on or acting upon the information on this website. Whilst we endeavour to provide accurate information, Wiselaw does not accept liability for any errors or omissions on this website.
