The Damaging Impact Of Court Proceedings
The judgment in this recent case begins with a depressingly telling first line: ‘This is the saddest of cases illustrating the desperate and lasting damage that can be done to children when their parents separate.’
The three children were all aged under 12 and their parents had been in family litigation for 6 years, including 4 separate final hearings. The case has a long and involved history, raising a number of complex legal issues, including parental alienation. But it is highlighted here to underline the point which is made repeatedly by Judges, lawyers, therapists and all professionals involved in family law proceedings: if there is a way to resolve your family affairs away from the Court arena you should take it.
Sadly for some families, that simply isn’t possible because of the dynamics and issues at play. But for the vast majority, it is.
In 2019 the Nuffield Family Justice Observatory reported that 38% of all separating couples end up in court over the arrangements for their children, and that this is a public health crisis given the damaging impact court proceedings have on adults and children alike.
We must start approaching divorce and separation differently, looking for solutions from day one.
Author Name: Editor
Published content by The Divorce Surgery Editorial Team.
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