Protecting children from courtroom battles and lengthy, stressful divorce proceedings
In light of the Private Family Law Early Resolution Consultation, we consider the impact on children of being able to offer parents early legal advice to settle disputes amicably, away from the courts.
The Early Intervention Foundation report on inter-parental relationships and outcomes for children helps us answer questions on what works best for children’s care.
Evidence shows that how parents communicate and relate to each other is increasingly recognised as a primary influence on effective parenting practices and children’s long-term mental health and future life chances.
The report states that parents or couples who engage in frequent, intense and poorly resolved inter-parental conflicts put children’s mental health and long-term life chances at risk. This is important to consider when reflecting on how we conduct divorce and separations. It brings to awareness how children are potentially affected by parental conflict.
Of particular note, the report shows how inter-parental conflict can adversely affect both the mother–child and father–child relationship, with evidence suggesting that the association between inter-parental conflict and negative parenting practices may be stronger for the father–child relationship compared to the mother–child relationship.
Family Mediation, Arbitration or Collaborative Law processes can help avoid these issues by working with both parents jointly or separately to find a solution that works for them, rather than have a solution imposed on them by a judge.
The ease of access to family mediation, much earlier in the divorce or separation process, can also, in the words of the Lord Chancellor and Justice Secretary: “help spare thousands of children the long-term harm of lengthy, combative courtroom conflict.”
The full report is available at: https://www.eif.org.uk/report/what-works-to-enhance-interparental-relationships-and-improve-outcomes-for-children
You can read more here on more on how separating or divorcing parents are being offered early legal advice to settle disputes amicably: https://www.gov.uk/government/consultations/supporting-earlier-resolution-of-private-family-law-arrangements