Parents Could Face Costs Order For Clogging Up Family Court
Parents thought to be unnecessarily clogging up the courts could face financial penalties under plans reportedly being drawn up by the Lord Chancellor.
Dominic Raab told the Conservative party conference last month that too many civil cases were going to court and he wanted to see alternative dispute resolution used more. Yesterday, the Sunday Times reported that Raab is drawing up plans to keep cases away from court. These include making mediation the default process in most family law disputes and making it easier to award substantial legal costs against the parent thought to be abusing the court system.
This follows a consultation run by the Government calling for evidence about alternative dispute resolution. The outcome of that consultation is awaited.
It is vital that a nuanced approach is taken which appreciates why parents end up in court over the arrangements for their children. There is not one answer to that question, so there is not going to be one solution. What parents need is impartial information about all their options, and choice. For some, mediation will be the right route. But that mediation may have considerably greater success if they are first given impartial legal advice, together where possible, and if not separately.
Informing couples at the earliest stage as to the limitations of the Court process can be transformative. More and more services are becoming available for families to separate without court involvement- let’s champion them all and empower parents to choose the right fit for their family.
For more on this read the published findings in The Law Society Gazette.
Author Name: Editor
Published content by The Divorce Surgery Editorial Team.
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