Ministry of Justice
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Parents urged to consider welfare of children before going to the family courts
Divorced and separated parents who go to court to settle disputes risk making matters worse for their children.
Opening a new facility at the South East London Family Mediation Bureau in Bromley today, Family Justice Minister Harriet Harman said that wherever possible separating parents should be encouraged to agree the future of their children's welfare rather than going to court, which can badly affect their children.
In 2005 around 70,000 children were the subject of dispute between their parents where the case did not include any allegations of harm to children. These are cases that did not need to be heard by a court.
Family Justice Minister Rt Hon Harriet Harman MP QC said:
"When arguing parents come before a court, the court's decision will be made in the child's best interests. But it is even better for the child for the parents not to have to go to court in the first place. 70,000 children every year should not have to experience their parents battle over their future.
"It is to the credit of 90% of separating parents that they can make an agreement without resorting to court.
"We know court is not the best place for children to settle these disputes. But when cases do come to court it is important that the process works for children and parents.
"Agreement is better for the children involved. Contact arrangements reached by agreement rather than court orders are more likely to endure and work smoothly."
Research from the Joseph Rowntree Foundation suggests that applications for court orders tend to fuel conflict rather than resolve it.
The Government wants to ensure that early intervention, along with better engagement of parents and children in the process, is the norm. Where it is safe and appropriate to do so, cases should be resolved without needing to come to court.
In order to achieve this, the Government will be working on the
following:
* Do more to provide information and guidance and
to support mediation - including getting parents early access to
information and advice through the DFES guide for Separating
Parents. We have already launched the Family Mediation Helpline
with over 1000 referrals to mediators as a result.
* Where
people receive legal aid they are already asked if they have
considered mediation. People applying for contact with a child
after the break up of a relationship will be told of the need to
consider mediation and will be told that the court will consider
whether parents have tried mediation.
* Consider the pilot of
Family Group Conferencing where families are encouraged to decide
who children will live with and what contact arrangements should
be following divorce or separation
* If parents do come to
court, the Children and Family Court Advice and Support Service
will be providing an in-court conciliation service. Research shows
that three quarters of parents using in-court conciliation resolve
some or all of their disagreements.
* Look at ways to support
families to reach agreement on maintenance payments themselves as
set out in the DWP proposals to reform the Child Support Agency
The Government invests £14 million a year in family mediation and the number of couples receiving publicly funded mediation has gone up from 400 in 1997 to 14,000. The family justice system now has as one of its objectives not just judging between warring parents, but also encouraging separating parents to work out the finances and the arrangements for the children amicably.
Mediation helps - even if it cannot help a relationship survive it can smooth the path for a less acrimonious break-up. Evaluation shows that 61% of the total number of family mediations was successful. Only about 13% of the cases ended up back in court. Compared to court proceedings, mediation can be faster, cheaper and less adversarial.
Notes for Editors
1. Harriet Harman is speaking at opening of
the South East London Mediation Bureau extended Mediation Centre
in Bromley on Monday 26 March.
2. The Legal Services Commission (or LSC, the body which looks after the provision of legal aid in England and Wales) tells us that in cases where one or both parties are publicly funded (i.e. they receive legal aid) and the parties go to mediation, 60% result in full or partial agreements. Only about 13% return to court following the agreement. The number of couples receiving publicly funded mediation has gone up from 400 in 1997-98 to 14,000 in 2005-06 and through the Legal Services Commission we now invest £14 million a year in family mediation - up from around £500,000 in 1997.
3. The Joseph Rowntree Foundation research can be found at http://www.jrf.org.uk/pressroom/releases/301002.asp
