Torn Apart: Family Courts Uncovered: Dispatches

Last week Channel 4 Dispatches’ aired “Torn Apart: Family Courts Uncovered”.  The programme reported on a voluntary survey as well as conversations with a number of families who have used the family court system and professionals working within it. 

Among the topics discussed were:

• Parental Alienation: This is a situation in which one parent uses strategies to distance a child from the other parent, for example by constantly, and severely, making false statements about the other parent to their child or one parent discrediting the other parent to a child or children.
• Domestic abuse: This includes any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse. This can encompass, but is not limited to, psychological, physical, sexual, financial, or emotional abuse.
• The privacy of private family law proceedings: It is a criminal offence to publish information relation to proceedings unless with the Judge’s express permission.  The aim being to protect vulnerable children.

The issue of domestic abuse and its impact on children proceedings was addressed by the government with the introduction of Practice Direction 12J in late 2017.  The purpose of the Practice Direction is to set out what the Family Court is required to do in any case in which it is alleged or admitted that the child or a party has experienced domestic abuse perpetrated by another party or that there is a risk of such abuse.

The programme did also highlight an underfunded and oversubscribed system, something which the judiciary themselves have recognised.   

In November 2020 the Family Solutions Group issued a report entitled “What about me?: Reframing Support for Families following Parental Separation” aimed at achieving a better way for separate parents to co-parent and resolve their issues without the strain on the family court. 

President of the Family Division, Sir Andrew McFarlane said, “It should be a matter of concern for society in general to achieve better co-parenting between separating couples. It is thought that about 40% of all separating parents bring issues about their children’s care to the Family Court for determination …”.

Our family solicitor, Natalie Nero, was part of discussions following the report which centred on helping families avoid the family court considering indicatives such as the availability of counselling and therapy and the use of mediation.  Assistance with funding of mediation is available in certain circumstances, for example you could be eligible for a financial contribution of up to £500 towards the costs of mediation.  Our expert family law team can discuss funding options with you.

If you would like to talk to an experienced family solicitor about any of the issues raised in the recent documentary, please contact our family law team today on 01442 872 311.