Thousands of children are caught up in delays in the family courts in England and Wales and are having to wait almost a year for decisions about where they will live or what time they can spend with their parents following divorce or separation.
For many of the children who have been removed from their parents by the state, the wait is, on average, 46 weeks. That is almost double the 26-week government-recommended target.
Cafcass says this is currently affecting over 50,000 individual children.
There are also around 80,000 children in private family law cases who are waiting similar times for decisions on where they will live or when they will spend time with each parent following their separation. MOJ statistics show that the average wait in private family law cases in 2022 was 44.9 weeks.
Juliette Dalrymple, mediator and director at Family Matters says:
“Any delay causes harm to children in the short and longer term creating uncertainty about their future .
We await the government’s response to a consultation on compulsory mediation, which should reduce the pressure on the courts. Mediation can provide a child-centred approach to dealing with family separation that does not need to involve courts. Children can be damaged by courtroom battles, with research saying that they can lead to children’s anxiety, anti-social behaviour and reduced performance at school.”
The Law Society is also calling on the government to help separating parents get early legal advice, allowing them to better understand their rights and how children issues can be resolved.
The government says it is committed to children’s well-being following separation saying:
“When parents drag out their separation through lengthy and combative courtroom battles it impacts on their children’s school work, mental health and quality of life.”
“We want to support family disputes to be resolved as effectively and quickly as possible and where appropriate to avoid the stress and conflict of the courtroom.”
The government introduced the Family Mediation Voucher Scheme in March 2021, which allows parents who are mediating about their children to get a voucher worth up to £500. The scheme has been extended several times and has now been extended to April 2025, with an additional £15 million funding. Find out about using a voucher here.
