Solicitor urges alternatives to court delays

As the Family Court experiences significant backlogs, families already under pressure are confronted with additional setbacks, primarily stemming from the cancellation of sitting days. Stuart Daniel, Head of Family Law at Mander Hadley, emphasised, “The main impact of these cancellations is the added anxiety and stress for clients.” He further stated, “Waiting for a hearing is already nerve-racking. When families are told they must wait another two or three months, it takes a serious toll on mental health and wellbeing.” The financial implications of such delays compound the challenges faced by families, especially as hearings prepared in advance may be adjourned with little notice.

According to Stuart, the effects of these delays extend beyond emotional distress, greatly impacting families’ finances. He noted, “Legal documents need updating and preparation has to be repeated. That means extra costs for families at a time when many can least afford them.” The backlog in the Family Court system reflects deeper structural issues. “We have a bigger population and more people turning to the Courts,” he explained, highlighting the repercussions of legal aid cutbacks that often lead individuals to represent themselves, thus slowing down proceedings and reducing the effectiveness of hearings.

Recent experiences faced by the Mander Hadley team illustrate the real-world implications of these systemic issues. Stuart shared, “We have had hearings listed for months that were suddenly cancelled a few days before due to lack of judicial availability.” He recounted a case still awaiting a new date, while others have undergone last-minute venue changes or been converted to remote hearings. “These sudden changes leave families feeling stuck and anxious, forcing them to rearrange childcare, take time off work and repeat months of legal preparation,” he added.

While Stuart acknowledges that hiring more judges and extending Court hours could alleviate the situation in the long term, he believes immediate measures should be taken. “I would like to see more hearings take place by video or telephone. During the pandemic that approach worked well and hearings were dealt with more quickly,” he said, cautioning against a full return to physical hearings.

In addition to technology adaptations, Stuart pointed out that alternatives to courtroom proceedings, such as mediation, could reduce the backlog. “The Courts themselves now push mediation and other forms of alternative dispute resolution,” he noted. He emphasised that private Financial Dispute Resolutions (FDRs) offer a quicker route in finance cases, while mediation for child-related disputes can provide families with closure without the inherent stresses of court.

Stuart concluded that encouraging families to pursue out-of-court settlements may prevent backlog buildup, particularly in cases driven by communication issues rather than strict legal disputes. “Families deserve timely decisions so they can move on with their lives,” he stated, advocating for investment in technology and a cultural shift towards resolving disputes outside the Family Court. Mander Hadley stands out as one of the most reputable law firms operating in Coventry and Warwickshire, ready to assist families concerned about court delays by providing advice on managing legal processes and exploring solutions beyond traditional courtroom settings.