Government Consultation Published: Family Law

By Graeme Fraser Partner and Head of Family Law

Government Consultation published on “Supporting earlier resolution of private family law arrangements”.

The government has published a consultation that seeks to gather views on proposals to support families to agree their children and financial arrangements through family mediation. Families seeking to resolve child arrangements or financial orders would be required to make a reasonable attempt to mediate before applying to court.

The government proposes to strengthen access to resources and guidance for parents/ carers and separating couples and seeks views on requiring parents/ carers to attend a co-parenting programme alongside mediation to help them better understand their family’s options.

Proposals to resolve private family law arrangements through mediation would include government funding for mediation in child arrangement cases with the possibility that funding might also extend to funding of mediation for finance cases.

Costs orders could be used to enforce requirements to mediate and to discourage unnecessary prolonging of court proceedings.

In the meantime, the government’s Family Mediation Voucher Scheme will be extended until April 2025 backed by an additional £15 million in funding. The scheme provides separating couples with vouchers worth up to £500 to help them solve disputes through mediation and has so far supported over 15,300 families.

Graeme Fraser, Head of Family at BBS Law has urged caution in respect of the government’s wide-reaching proposals. He comments:

The demand on the family courts is at an all-time high, while the delays that families face can be extensive. So it is perfectly understandable that attempts are being made to incentivise families to resolve disputes outside of court.

Although mediation helps many families and can resolve disputes, unless it is done voluntarily, it may not be suitable, meaning that the family spend more time searching for a solution which may involve using a court later.

At BBS Law, we offer an extensive range of dispute resolution services including mediation, and our early evaluation of our clients’ situation means that we can recommend the best form of resolution tailored to their circumstances while working towards lasting constructive outcomes that work for them.

Please contact the Family Team at BBS Law for details of the range of dispute resolution services offered, including mediation.