How Many Parents End Up In Court Over The Arrangements For Their Children?
The 38% statistic came from a study by the Nuffield Family Justice Observatory in 2019. And it caused a massive stir in the legal profession. Until that point, Judges and lawyers had proceeded on the (it turns out, baseless) assumption that 10% of separating families end up in court over their children’s arrangements (e.g. where they live and the time they spend with each parent).
But, we were all wrong, and the real figures were almost four times higher.
Since the statistics came out, the most senior Family Judge in England and Wales, the President of the Family Division, has made helping parents stay out of court one of his top priorities.
Why? Because court proceedings, in themselves, have been found to cause emotional harm to children. Because they pit their parents against each other. The Nuffield itself concluded that this required a public health response.
What the statistic also shows is that as a society we have normalised going to court. But it’s not normal. It’s far from normal to delegate decisions about your child to a total stranger who will, in all likelihood, never meet your child.
Be aware of this landscape when you are navigating divorce. Maybe, in your situation, there is no option but to go to court. But know that for the majority of families, you should be able to navigate the arrangements for your children without stepping foot in a court room, or ever meeting a judge. It’s never too late to change your approach.
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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