Nuffield Family Justice report highlights the North-South divide in family law practice
A recently published investigation into family law practice across England have discovered separated parents are more likely to use family courts when they live in deprived areas.
The Nuffield Family Justice report also outlines a clear north-south divide in the number of private law applications being made. The rates are consistently highest in the North East, North West and Yorkshire and Humber regions, and consistently lowest in London and the South East.
Family courts are traditionally used when parents who have separated cannot agree on issues such as where their children should live or whom they have contact with. To reach a solution in this scenario may involve the separated parents applying for a court order to settle the dispute through the family court route.
There is concern that the family court system is under increasing pressure, especially following the Covid pandemic. Court users may face long waits and periods of stress and increasing uncertainty. Going to court can also be costly and stressful, with power and choice taken from parents and individuals. Nevertheless, courts are essential in some circumstances, such as where domestic violence may be an issue.
Lisa Harker, the director of Nuffield FJO, raised important reflections on the study by stating:
“Parental disputes taking place within the family courts are sometimes perceived and portrayed as fairly trivial arguments that could perhaps be settled out of court. However, these findings suggest that families who come before the court are likely to have unmet needs, related to levels of deprivation and where they live”.
“It is widely recognised that cases brought to court by local authorities disproportionately involve families from more deprived areas, and this study firmly establishes a similar link in cases triggered by parents who have separated. With tens of thousands of children being involved in these cases every year – some of whom will be particularly vulnerable – it is vital that we recognise that deprivation is a factor and begin to consider how to reduce the pressures on families in order to decrease the risk of family conflict.”
You can read the full article on the Nuffield Family Justice Observatory website through this link.