The British Government is being urged to help thousands of children whose mental health is put at risk when families separate, because parents are left to “square up” rather than “sit down” and seek an amicable solution.
Senior lawyers, judges, academics, charities and family welfare professionals are calling on Government to fill the current policy vacuum which costs the taxpayer billions of pounds each year because parents are not given sufficient information and support to manage their separation amicably.
With nowhere to turn for help other than the family court, too many families end up in unnecessary and acrimonious legal battles. The Family Solutions Group (FSG) – which was set up in 2020 to look at how the system impacts on children – believes the introduction of “no-fault divorce” in England & Wales on 6th April 2022, is the right time to address the way divorce and separation impacts the entire family, and not just the parents.
At present, separating couples are encouraged to take opposing “sides”, with the family court often acting as “referee”. The court has a vital role to play for those families who have safety issues, or who are unable to reach a decision, but this doesn’t make it the right provision for all. Instead, the FSG believes many families need tailored support to address emotions and resolve issues. Advocates for change point to the strong body of law which could be used to form a different, less combative system, built on the Children Act and the legal principles of child welfare and cooperative parenting.
This approach, the FSG argues, would spare the children trapped in the middle; alleviate the burden for the overwhelmed family court system; and deliver cost savings for the British taxpayer who picks up a bill of approx. £51 billion every year for family separation.
The FSG’s proposals are outlined in the report “What About Me?: Reframing Support for Families following Parental Separation”. The President of the Family Division, Sir Andrew McFarlane, welcomed the report’s conclusions as a “blueprint for radical change”.
Now, with the introduction of no-fault divorce, the FSG makes this call for radical change:
- Government must focus its policy and funding on keeping child welfare at the centre of any family separation. A “family solutions system” is long overdue, so only those who need a court order access our “family justice system”.
- Parents and children should be offered early information and support at the start of the separation process, so needs can be assessed, and the right route chosen.
- Wider society should be persuaded to dial down combative and “fighting-talk” language when describing family separation. These proposals were discussed at a landmark event in Central London on the evening of 23rd March before an invited audience of journalists, politicians, lawyers, academics, charities and family welfare professionals. The evening also included the personal experiences of those who found themselves “victims of the system”, when a less damaging outcome could have been achieved.
“We can no longer ignore the mental health risks for children and parents by framing all family separations as legal disputes” said Helen Adam, chair of the FSG.
“If the only provision on offer is one which pits parents against each other during a time of already heightened emotions, then we are simply adding fuel to the fire of separation. Some families need the robust protection of a court order, but most families need a safe space to talk rather than the boxing ring. Now is the time for change, it’s time for a gentler, more relational approach for the many thousands of families who separate each year.”
Charlotte Bradley, head of the Family & Divorce team at Kingsley Napley commented:
“Whilst the new no fault divorce regime is a positive step, it’s only one part of the jigsaw when parents are divorcing. The potential for battles over children remains. It is therefore vital that this new law is not just symbolic but leads to fundamental change to take the fight out of separation. That’s why the Family Solutions Group campaign is so important. We still need to do much more to support families to reduce conflict for children during separation and divorce and achieve better outcomes without always resorting to the family courts as a knee jerk response.”
