Resolution’s Vision for the family courts to better meet the needs of families
Following the launch of Resolution’s ‘Vision for Family Justice’ this annual Awareness Week, all week we have been considering their five key recommendations for a number of changes to policy, legislation and processes in order to improve the family justice system in England and Wales.
The fourth objective, as set out in the Vision document, linked here, is ensuring that the family courts meet the needs of families.
Responses to Resolution’s 2022 member survey consistently reported how the significant (and worsening) increase in delays, the state of the family courts and the lack of resources negatively impacts upon children and their families. The April to June 2023 family court statistics show that children are waiting nearly a year for the courts to determine which parent they live with, or how much time they spend with their non-resident parent. This leaves families in limbo for an inordinate period of time and in an area of law where the ‘status quo’ is often used as a barometer for future arrangements, in certain circumstances, this can have a significant impact on the relationship between a child and their non-resident parent.
There are no routinely published statistics for delays in financial matters, but a judicial report from September 2021 suggested that it took two years, on average, for proceedings that reach final hearing to be concluded. That is a significant period of time for separating couples to be living with financial uncertainty and to be unable to meaningfully plan for their future.
It is, therefore, not surprising that in response to Resolution’s 2022 member survey, 90% of those surveyed said that court backlogs were causing additional and unnecessary stress and pressure for clients. Resolution’s Vision for Family Justice is therefore calling for the following:
- No further family court closures.
- Online processes that can be evaluated on a case-by-case basis.
- For contested financial remedy cases under a certain value to be fast-tracked, with an emphasis on fewer hearings and shorter timescales.
- Links to Resolution and Law for Life’s Affordable Advice Service to be provided to all Litigants in Person in the family court, and via online court services.
Whilst it is evident that longer term solutions, aimed at reducing the number of private court applications, will require appropriate investment, families need a smooth-running, accessible, contactable and responsive family court. It is hoped that these proposals aimed at ensuring that the family courts better meet the needs of families, along with more public funding for early legal information and advice, and increased access to Advice and Information Meetings, will enable all families going through a separation equal access to family justice.
Forsters’ Family department supports the recommendations made by Resolution. The other key recommendations in the Vision for Family Justice include: