Children’s wellbeing at the heart of family court reforms
Children will be better protected from the impact of lengthy courtroom battles thanks to pioneering measures to help families resolve disputes as swiftly as easily possible.
- parents offered early legal advice to settle disputes amicably away from the courts
- more courts to pilot process which better protects domestic abuse victims
- almost 25,000 separating families have benefited from mediation voucher scheme
Families who are separating will benefit from early legal advice, greater use of mediation, and the continued rollout of an innovative pilot which better supports domestic abuse victims and children, following the government’s response to the Private Family Law Early Resolution Consultation published today (26 January 2024).
A legal advice pilot will be launched to help families agree child arrangements quickly, addressing barriers to early resolution including a lack of understanding of the options available such as mediation.
The role mediators can play will be bolstered through improved domestic abuse screening and advanced DBS checks, meaning they have the right vetting and can support children earlier in the process. This, alongside the mediation voucher scheme which has already helped nearly 25,000 families, will mean more couples can resolve their issues without ever reaching court.
For those who do end up going through the courts, a successful pilot in North Wales and Dorset, aimed at reducing conflict, will be expanded to the family courts in Birmingham and south east Wales, ahead of a national roll out. The model improves information sharing between agencies like the police and local authorities so victims avoid retelling traumatic experiences.
It also allows judges to review more documents before a case gets to court, to prevent further conflict in the courtroom, and gives children extra opportunities to explain how they feel about decisions which affect their future.
Lord Chancellor and Justice Secretary, Alex Chalk KC, said:
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.
More than 60,000 private law children and contested finance cases went through the family courts in 2022.
Long-term conflict between separating parents can have a devastating impact on a children’s wellbeing. The trauma has been linked to increased rates of anxiety, aggression, and depression, and can lead to anti-social behaviour, academic struggles, and substance misuse.
Mediators can help avoid these issues by working with both parties together or separately to find a solution that works for them, rather than have a solution imposed on them by a judge. As of December 2023, the government-funded mediation voucher scheme, backed by £23.6 million, has helped over 24,600 families to resolve their issues without resorting to court.
Greater use of mediation also allows family courts to better prioritise and provide protection for the most serious cases with safeguarding concerns where it is not an option, such as domestic abuse and child safety.
Following consultation on mandatory mediation concerns were raised that the proposed safeguards to protect domestic abuse victims may not go far enough. To avoid forcing a continued relationships between a victim and their abuser the government will not change the law to mandate mediation for separating couples.
We are working with the Family Mediation Council to improve training for mediators on domestic abuse and help them develop a screening tool – such as a questionnaire - to better identify victims at the earliest opportunity.
Justice Minister Lord Bellamy said:
These reforms are about helping those who need it the most. By elevating the voice of the child and reducing strife in a court room, we will give our children the best chance of growing up to becoming well-adjusted adults.
The response also commits to increase inclusive mediation by ensuring mediators can apply for advanced Disclosure and Barring Service checks, create a new online portal for parents sign-posting to relevant support services and improve the offline information available at Family Hubs.
The government has also pledged to work alongside Cafcass - an independent body which advises family courts on what is safe for children and in their best interests - to help more families undertake parenting programmes early in the process, rather than by court order.
Chief Executive of the Children and Family Court Advisory Support Service (Cafcass), Jacky Tiotto, 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.
Domestic Abuse Commissioner Nicole Jacobs said:
The Family Court is critical in keeping child and adult victims safe from abuse. I am delighted that the Pathfinder Court pilots will be extended to two further sites, with a view to national roll-out. These courts take a child-centred approach, supporting victims and embedding an understanding of domestic abuse throughout the proceedings, which were key recommendations I made in my 2023 Family Court report.
I welcome the opportunity to continue working with the Ministry of Justice to ensure that early resolution measures - such as provision of early legal advice, and reforming the family justice system to be less adversarial and more child-centric - will further improve the Family Court response to domestic abuse and protect child and adult victims from further harm.
Notes to editors
- Following consultation on mandatory mediation and concerns proposed safeguards to protect domestic abuse victims may not go far enough the government will not change the law to mandate mediation for separating couples.
- The plans will apply to England and Wales. The proposals regarding parenting programmes may touch on competence devolved to Wales as these programmes are delivered in Wales by the Welsh children and advisory court support service (Cafcass Cymru), which is a devolved matter.
- For more information on the impact parental conflict can have on young people and their life chances: What works to enhance interparental relationships and improve outcomes for children? - Early Intervention Foundation (eif.org.uk)
- For more information and research on the number of private law cases that go to court: Uncovering private family law: Who’s coming to court in England? (nuffieldfjo.org.uk)
- Family mediation is a process in which an independent, professionally trained mediator helps parties work out arrangements for children and finances where there is a dispute. For more information on mediation and how it works visit: Home - Family Mediation Council