Further Research Shows Damaging Impact Of Court Proceedings On Children’s Mental Health
Again and again research is showing the damaging impact of Family Court proceedings on the children involved.
It’s easy just to blame divorce. But that’s too simplistic. It’s not divorce itself, but the way we divorce, which is the difference maker. Emotional harm is caused to children if they are exposed, for prolonged periods, to their parents’ entrenched conflict. Two-sided Court proceedings, by their very nature, create conflict, as parents are involved in an adversarial process, each arguing for their own preferred outcome.
We need, urgently, to shift all our perspectives and make it normal for parents to work through their divorce together and away from the Court arena. At the moment 38% of all separating couples end up in Court over the arrangements for their children following separation. Some cases do need the protection of the Courts, but they are the minority, and the key is ensuring that only those families who need to be there actually end up there.
The study recently published by the Nuffield Family Justice Observatory has painted a harrowing picture of the impact that private law Court proceedings are having on the mental health of children.
“Across England and Wales, 51,658 private law cases were initiated in 2018 (Ministry of Justice 2018)”, said the Observatory. “The aim of these cases is to make arrangements for children that promote their welfare; yet, little is known about the health and well-being of children involved with family courts or their long-term outcomes.”
By linking Cafcass administrative data with health data, the Observatory studied over 17,000 children involved in private law proceedings in Wales between 2011 and 2018.
The children involved were more likely to experience depression and anxiety than their peers in the comparison group. Rates of depression were 60% higher and rates of anxiety were 30% higher in the private law cohort.
Children involved in private law proceedings were also more likely to go on to develop depression or anxiety than children in the comparison group, suggesting that they continue to be at heightened risk of mental health problems after proceedings.
Reflecting on the findings of the study, the Nuffield Family Justice Observatory said:
“Given the higher rates of anxiety and depression for children involved in private law proceedings, careful thought needs to be given to how the system impacts on children already experiencing heightened vulnerability. In particular, whether there is a way for the system to act as a gateway to appropriate support in situations where these issues are identified.”
You can find the report here.
If you have more questions about this topic or any other legal issues arising on divorce or separation, please do get in touch as we are always happy to help. You can call us on 0203 488 4475 or email contact@thedivorcesurgery.co.
Author Name: Editor
Published content by The Divorce Surgery Editorial Team.
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