As the Law Society have reported, an investigation into the current delays has revealed that the time taken for cases to be dealt with may not return to pre Covid levels until 2023.
The article sets out proposals that are being considered to improve family justice as a whole, to make the system much more family focused and less antagonistic and set out a greater role for the Family Court Advisory and Support Service (CAFCASS). It goes on to say that cases should be triaged at an early stage to ensure that the right resources are used from the outset to achieve faster and lasting agreements that families will work with and stick too, rather than return to Court when problems arise.
Delay In The Family Court
Delay has been a problem in the Family Court for some years, and Covid has only made that worse. Parents are often faced with not being able to spend time with their children whilst concerns raised by the other are investigated. Others are left in financial limbo as they cannot reach agreement about how to divide up their financial resources and obligations on separation. Routinely, and whilst urgent applications can in theory be made in emergency situations, cases between parents about their children and about their money seem to be taking up to two years to be finalised.
How Can We Help?
At Timms we are now regularly asked what alternatives are there for families who wish to move on and make decisions about their future, rather than wait and incur costs unnecessarily.
We are well placed to assist our clients. We offer both family mediation services and collaborative law practices, both of which are now recognised family dispute resolution processes. Do have a look at our website pages for further details. Even before the current crisis, both processes were known to be quicker and less expensive than going to Court in cases where clients are able to make their own decisions but need help in making lasting agreements. Where agreements are reached, they can easily be converted into Court Orders and often on a paperwork basis.
Where clients cannot agree, then through our strong network of professional contacts we can refer clients for early neutral opinion from specialist barristers, which when received is a useful tool in promoting settlement, or in financial cases for private resolution hearings.
We can also represent clients in the arbitration process. This is a similar process to the Family Court but where the parties select their own Judge who will then decide the case for them. This is proving much quicker – cases can be completed within a few months – and often cheaper, and decisions are as legally binding as if made by the Family Court. It is therefore becoming a much more popular route.
In short, do not despair when you read the headlines. But do take advice as early as you can to ensure that your issues can be resolved in the best and quickest way that suit the needs of your family.
