Family court delays in England continue to be a problem, with some cases taking up to two years to resolve. This is putting a strain on families and causing unnecessary stress and anxiety.
There are a number of factors that are contributing to the delays in the family courts, including:
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A rise in the number of cases: This is due to a number of factors, including the rise in the number of divorces, the increase in the number of children living with one parent, the rise in domestic abuse, and the lack of legal aid.
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A lack of resources: The family courts are under-resourced, with too few judges, lawyers, and support staff. This means that cases are taking longer to resolve.
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The complexity of family law cases: Family law cases can be complex and time-consuming to resolve. This is because they often involve sensitive issues, such as the welfare of children.
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The need for mediation: In many cases, the parties involved in a family law dispute are able to resolve their issues through mediation. However, mediation can be time-consuming, and it is not always successful.
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The impact of the COVID-19 pandemic: The COVID-19 pandemic has had a significant impact on the family courts. The courts were closed for a period of time during the pandemic, and this backlog of cases has not yet been cleared.
The delays in the family courts are having a number of negative impacts on families, including:
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Financial hardship: The delays in the family courts can cause financial hardship for families. This is because the parties involved in a dispute may have to pay for legal fees and other expenses, such as childcare.
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Emotional distress: The delays in the family courts can cause emotional distress for families. This is because the parties involved in a dispute may have to wait a long time to resolve their issues, and this can be very stressful.
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Uncertainty: The delays in the family courts can cause uncertainty for families. This is because the parties involved in a dispute may not know when their case will be resolved, and this can make it difficult to plan for the future.
The government says it is aware of the delays in the family courts and is taking steps to address the issue. These steps include:
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Recruiting more judges and lawyers to reduce the backlog of cases.
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Investing in technology to help the family courts operate more efficiently. This will help to reduce the time it takes to resolve cases.
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Promoting mediation as a way to resolve family law disputes. Mediation is a process where the parties involved in a dispute meet with a mediator to try to reach an agreement. Mediation can be a quicker and more cost-effective way to resolve a dispute than going to court, but is not suitable for all cases.
In addition to the government’s efforts, there are a number of things that families can do to help reduce the delays in the family courts. These include:
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Trying to resolve their issues through mediation before going to court.
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Being properly prepared for their court hearings – many hearings are abandoned because a party has not produced a necessary document or taken a required step.
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Communicating with their lawyers and the court.
The family courts play an important role in helping families resolve their disputes. The delays in the family courts are a problem, and there seems to be no immediate fix.
Many families are now turning to more creative solutions: private hearings (private FDR hearings are particularly popular), round-table meetings, and video negotiations on the day of aborted hearings.
For creative solutions to your family law problem when there is no proper court time, contact clerks@anvilchambers.co.uk to see whether we can suggest a way of moving your case forward.