As of 29th April 2024 there have been some changes in the way Family Court deals with Child Arrangement applications – these are called the Family Procedure Rules.
The purpose of these changes is to encourage divorce professionals and families to try other methods of resolving their disputes about family matters before resorting to Court and relying on the Family Court to sort them out. The hope is that it will prevent adults from incurring huge legal expenses, make the process of divorce and separation less stressful and also allow matters to be resolved quicker – with less stress on the children too.
What else can we try before Court?
The new rules encourage couples to consider a range of different methods before resorting to applying to Family Court:
Mediation:
There are different ways you can mediate – shuttle mediation (where you don’t have to be in the same room as your ex), child-inclusive mediation (where older children may be included and have their voice heard), financial neutral mediation (where you have a financial expert in mediation to help with financial matters), hybrid mediation (where you both have your lawyer in the meetings with you).
Arbitration:
You get to choose your Arbitrator (usually someone very experienced in making decisions such as a Barrister/Judge) – quicker process, like a round-table discussion – very focussed and cheaper than Family Court proceedings.
Collaborative Divorce:
One lawyer for both of you – cheaper, but often not useful when there is a history of domestic abuse/controlling behaviour.
Private FDR:
Like arbitration – sorting out your financial agreement quicker than going to Court.
Things to consider:
More cases will be considered suitable for mediation now – and in some cases even when there has been a history of controlling behaviour.
- Both parties will have to set out their views on alternative dispute resolution methods and their reasoning.
- The Family Court has the power to incur financial penalties to parties refusing to engage in alternative dispute resolution methods and it may affect who pays litigation fees.
- Courts can now adjourn proceedings at any stage and push parties back to alternative dispute resolution methods (even if they don’t agree)
So, hopefully tis will get rid of the ‘well if you don’t agree with me I will just take you to Court!‘ threats that abusers often state. Of course it is always going to be a challenge trying to negotiate with someone who likes to be in control, but if you get the right professionals with the right strategy and you get good practical help and emotional support, you don’t have to be afraid of the legal process. Think of it as an opportunity to get the framework that is going to enable you to move on with your life.
If you need more clarity about the processes, need professional recommendations or support through the process please get in touch.
