Private family law cases suffering as a result of court reforms

Despite the success of a 26-week time limit introduced for care cases, private family cases are taking longer to get through the courts, much to the detriment of family relationships.

In a survey to mark the one-year anniversary of the reforms, nearly half of the Resolution members polled (40 per cent) said children and financial cases were taking longer since the reforms to the family courts were introduced in 2014.

Member and family lawyer Angela Lake Carroll said the results were concerning considering a child may not be able to spend time with one of their parents until and unless the matter has the benefit of judicial management or decision making.

'This is detrimental to the child's interests and may also fuel longer-term conflict between parents,' she said, 'which is known to be damaging to children.'

Case allocation

Along with the time limit for care cases, the 2014 reforms introduced the single Family Court, changes to administrative procedures, and compulsory mediation information and assessment meetings.

However, magistrates are reported to be seeing the majority of cases in most regions, which has had a knock-on impact on case times, according to Resolution members.

More than half (56 per cent) of those who had used the same court before and after the reforms said the preparation of orders had been negatively affected. Some 52 per cent felt the reforms had had a detrimental effect on the time it takes for cases to be listed.

One-third felt the overall length of cases had been negatively affected by the change in case allocation and four in ten felt the management of interim cases had suffered.

The chair of Resolution, Jo Edwards, said that although it was 'absolutely right' care cases should and had been given priority by the courts, private children cases had been the worst affected.

'It is unfortunate that there are simply not enough judges available to deal with the volume of work (exacerbated by the huge increase in the number of litigants in person over the past two years since LASPO and the fact that those cases take longer).

'I have seen cases involving applications for a child arrangement's order take almost a year to conclusion, with the impact on the children involved profound.'

A full account of Resolution's findings will be published next week in SJ 159/28.

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Laura Clenshaw is managing editor of Solicitors Journal

@L_Clenshaw