Private Law Children Applications Increasing

Recent data published by CAFCASS (the Children and Family Court Advisory and Support Service) for August 2020 shows an increase in private law children applications as against August 2019.  This includes disputes in respect of child arrangements, contact, residence, relocation and education.

This increase reflects a trend of increased court activity in respect of children cases in recent years. The data shows that the number of cases has increased by 5000 over the last 5 years.

This trend was also highlighted by a leading family judge who has appealed to lawyers to stop clogging up the system with unnecessary applications. His Honour Judge Wildblood QC also made clear that anyone not heeding his warning will be censured and penalised for wasting court time. The Judge said. ‘You should settle your differences (or those of your clients) away from court, except where that is not possible

The Judge gave examples of requests made to the court in the last month including asking the court which junction on the M4 to hand over a child for contact.  Lawyers had also asked the court how contact could be arranged to take place on a Sunday afternoon.

HHJ Wildblood explained that by January 2021 the Bristol Family Court was expected to have double the number of outstanding private law cases that it had in January this year.

The increasing trend is causing further delays to an overstretched court system in respect of private children cases.  Priority has to be given to children cases where the local authority are involved or domestic abuse is present and the wellbeing of the children is at serious risk.

As the effects of Covid-19 continue to require restrictions in the workplace the courts will find it harder to deal with increased volumes and it is therefore imperative that parents work with their lawyers to find an alternative solution to litigation and it may be that one answer is using mediation in an attempt to resolve their differences.

An additional concern where parents are waiting long periods of time for the courts to settle applications is that it may lead to further animosity between them and, more importantly, may be upsetting or harmful to the children involved particularly if the litigation is in respect of contact or residence.

The Court’s approach is to prioritise what is in the children’s best interests, and so this should be the starting point for any discussions and decisions parents make.  Parents should try to encourage discussion, cooperation and joint decision-making with each other.

One of the reasons for protracted child arrangements resolutions is the inability of parents, to separate their own emotions and feelings regarding the co-parent from the issues regarding the child and the child’s relationship with the co-parent.  Other than in exceptional circumstances it is normally always in the best interests of the child to have a happy and secure relationship with both parents.

If you are finding it hard to agree, you can seek legal advice.  At Spectrum Family Law our expert family solicitors will advise you of all the options available to you and will help you to procure a mutually acceptable resolution to the issues with your co-parent.

Contact Spectrum Family Law on 01279 799598 or email contact@spectrumfamilylaw.com.