The Ministry of Justice (MOJ) report for the first quarter of 2022 shows that Family Court cases are now taking an average of more than 46 weeks to complete, compared to half that only five years ago, even though the number of cases is down 6% from the same quarter in 2021.

Looking at the breakdown of cases by type, it is reported that the average time for a supervision or care case to reach its first disposal was 49 weeks, an increase of six weeks compared to the first quarter of 2021, while only 17% of cases were disposed of in the first 26 weeks, a decrease of 5% from the same period a year earlier. The situation has been aggravated by the disruption of the COVID pandemic.

Such a timescale is not at all child-friendly and harms the concerned children and their relationships with their parents.

For a child even a few days can seem a long time when they are separated from one or both of their parents. It is essential to minimise any such separation by dealing with care cases as quickly as possible. 

For parents delays in care proceedings can result in feelings of hopelessness, frustration, depression, and separation anxiety. They may feel lost and abandoned by a family court system that is unable to act quickly and in the best interest of the children and their families. 

Family courts’ slow response and their unwillingness to penalise disobedience of court orders encourage non-compliance and send the message that the relationship with the non-custodial parent is not as valued as that with the custodial parent. There are cases where the child is denied any contact with the non-custodial parents for several years.

Impact on children who experience parental estrangement

Children with separated or divorced parents often feel a sense of moderate to severe estrangement from one or both of their parents. This impact is akin to that of child abuse, and a 2019 American study has shown that it can have long-lasting repercussions for the child, including mental health disorders like anxiety and depression, abandonment issues, emotional dysregulation, issues with identity development, PTSD, and poor relationships with friends, colleagues, and romantic partners.

These children are also at risk of developing behavioural issues like oppositional defiant disorders, ADHD, substance misuse, and negative academic or occupational performance.

Many of these children are anxious, confused, and angry, and are reluctant to meet their parents as they perceive they have been abandoned by them. Such children are also unable to form strong bonds with their foster or adoptive parents, in the cases where they are removed from their biological families.

Alternative to the courts for resolving family disputes

Many parents are unaware of any alternatives to the confrontational and overextended court system for resolving family disputes, however, since ancient times, and in many different cultures, mediation has been recognised as the preferable process for the resolution of differences. 

When it comes to the most difficult of disputes – that involving the parents’ relationships with their children – mediation is an alternative to court that engages the couple in a process to resolve the issues co-operatively rather than to go to battle over them.

When parents have hostile relations, the child is caught in the middle and suffers greatly. While it is not easy for the parents whose relationship has broken down, the rift will often affect the child for years. 

Mediation services put the child’s well-being first and can work with parents to keep their relationship intact or at least respectful, and to find a solution that satisfies the child and the parents.

If the child is being adopted, mediation can help biological parents and adoptive parents reach agreeable arrangements without resorting to long and aggressive court battles.

According to top family lawyer Janet Bazley, many cases that involve children, other than those involving domestic abuse, can be resolved through mediation or arbitration.

• Mediation offers a fast and more affordable way to resolve family disputes, unlike court systems that can take years to resolve a dispute and cost a lot. These factors can make the process of conflict resolution through court prohibitively difficult.
• Mediation focuses on maintaining an amicable relationship between parents and the child and encourages both parties to look at the situation with open minds to avoid escalation and resolve conflicts.
• Another downside of the court process is that it is the judge who makes the final decision on the outcome of the dispute. Through mediation, parents can remain in control of the process and co-operatively reach an agreement that is in the child’s and their best interests.
• Mediation is a confidential process, so parents need not worry about a court reporter being present or the contents of the sessions being used against them.

How Salam Mediation can help resolve family disputes

At Salam Mediation, we are committed to promoting a mutually beneficial relationship between the disputing parties through impartial and judgment-free mediation.

We offer highly effective alternative solutions for families who want to work out their issues and find an acceptable solution for complex issues like divorce, child arrangement, and financial settlement.

Unlike court hearings that take a lot of time, Salam Mediation’s services are quick, affordable, and unbiased, and have a high rate of success by allowing parents more control over the decisions that affect their child’s future.

We can help you voice your concerns in a confidential setting and can prevent the issue from escalating further. What makes us stand apart from others is that we genuinely care about the well-being of your family.