Children’s wellbeing, divorce, and family court reforms

It has long been acknowledged lengthy custody and family court battles can have negative impacts on children and adversely affect their emotional wellbeing.

The Ministry of Justice has made moves to ensure children will be better protected from the impact of protracted courtroom battles.

More than 60,000 private law children and contested finance cases went through the family courts in 2022.

The Ministry of Justice and HM Courts and Tribunals service has introduced a number of pioneering measures to help families resolve disputes as swiftly and easily as possible. These include the family mediation voucher scheme, from which 25,000 separating families have already benefited.

Separating couples and parents are to be offered early legal advice to settle disputes amicably away from the courts using dispute resolution services, including promoting the use of mediation. Family mediation is a process in which an independent, professionally trained mediator helps parents work out arrangements for children and finances where there is a dispute. It is aimed at collaboration and working together to resolve problems, which puts parents back in control.

There is also a move for and increasing number of courts to pilot process which better protects domestic abuse victims, particularly focussing on not having to retell upsetting or emotional stories. This supports better information sharing between police, local authorities and the Family Court.

Interestingly, the greater role mediators can play will be supported through improved domestic abuse screening and advanced DBS checks, meaning mediators have the right vetting and can support children earlier in the process.

You can read more on the gov.uk website: https://www.gov.uk/government/news/childrens-wellbeing-at-the-heart-of-family-court-reforms