As a solicitor working with families every day, I see the frustration the delays are having on families and – most importantly – the harm they cause to children.
The system is stretched to breaking point, and children are the ones paying the price.
With cases taking an average of 41 weeks to resolve, we need to ask – is this truly the best way to handle these sensitive matters?
Why the system is failing
The Family Courts were designed to protect children, but in practice, they are inundated and the resulting delays are often make things worse.
Delays mean that children can go almost a year without proper arrangements in place, during which time relationships break down, tensions escalate, and children’s emotional well-being suffers.
One of the biggest problems is that the Court system is adversarial. Parents go to court as opponents, fighting over the children rather than working together towards a co-parenting solution that provides a positive outcome for the child.
These battles have a reputation for fuelling hostility and, in some cases, parental alienation – a situation where one parent intentionally (or unintentionally) damages a child’s relationship with the other.
Research, including a study by The University of West London, shows that parental alienation can have devastating effects on a child’s mental health.
Despite knowing the impact, the Courts are often still not able to intervene swiftly enough.
How can we fix the family court system and put children first?
We need a complete shift in our approach to divorce matters involving children.
Here’s how we can start making real changes:
- Mediation before court
Going to Family Court should absolutely be a last resort. There are various solutions to address child arrangement matters that don’t involve confrontational litigation. We need to resolve more cases through mediation, where trained professionals help parents reach a mutual agreement without the stress, cost, and emotional toll of a legal battle.
- A fast-track system for child-centric cases
Not every case needs to take 41 weeks. Where there are no safeguarding concerns, we need a fast-track system that enables decisions to be made quickly, ensuring children maintain stable relationships with both parents where possible.
- Specialist family judges and training
No two families are the same, and many cases are highly emotional. To ensure the best outcomes, we need Judges and Court staff who specialise in family law and understand the psychological effects of parental alienation, domestic abuse, and prolonged conflict on children.
Those involved in the process must recognise the impact of legal battles on children and know how to support them through these challenges. This level of expertise should be non-negotiable and the bare minimum.
- Prioritise listening to the children involved
Too often, children’s needs get lost in the legal process, and their voices are drowned out in the chaos. They need to be given a true platform to be heard directly, and their feelings validated rather than discounted and filtered through reports and Court Officials who may not fully understand their situation.
Reforming family courts – A call to put children first
As a family solicitor, I have a duty to guide my clients toward solutions that prioritise their children, not escalate conflict. The Government acknowledges the need for reform, but acknowledgement alone is not enough.
Investment in the courts, mediation, and a legal process that genuinely puts children first is just the beginning.
Change is needed before more families and children are forced to suffer the consequences.
Struggling with family court issues? Get expert advice from Palmers Solicitors today