In statistics released last week, family organisation Cafcass (the Children and Family Court Advisory and Support Service) have reported a decrease in the demand for private law cases.
The organisation report an increase in demand during the latter part of 2013, and the first part of 2014, before the significant drop which followed. A decrease of 5% was recorded, from 11,110 applications in 2013, to 10,617 in 2014.
The family law courts have had various significant changes made to them during the last few years. Family charity Relate report that the drop could be a consequence of the introduction of one of these, the MIAMs (the compulsory Mediation Information and Assessment Meetings), which were implemented in April. The law change made it compulsory for couples to attempt a non-court dispute resolution option before an application to the court in respect of children or financial disputes. There are various exemptions however, if factors such as domestic violence, or concerns about child protection are present.
Relate report a reduction in court applications since April last year when the compulsory MIAMs were introduced. They believe the expense or inconvenience of compulsory mediation sessions may have discouraged some families from applying to court. Contact between children and the parent they do not live with may be significantly reduced if this is the reason, as arrangements for children may not be agreed.
Alternatively, they believe the fall in applications could reflect a higher proportion of disputes being solved during mediation sessions, removing the need for a court application.
It should also be noted that as there is very limited public funding (legal aid) available for resolving children and financial disputes that arise when a relationship breaks down, and this may also be a reason for the reduction in court applications.
Relate are currently examining in full the effects of the April reforms on the uptake of mediation, after initially finding the MIAMs to have had little effect.
Amanda Adeola, our specialist in Children matters, agrees that the introduction of compulsory MIAMs appears to have reduced applications being made to the court, in particular in her area of specialism, but also emphasises that the lack of funding is likely to have had an impact.
Amanda says: “Sometimes communication and management of arrangements for children are the main issues and it is not the court’s duty to assist separated parents in dealing with such issues. I would always encourage clients to attend mediation sessions and it is disappointing if MIAMs have not encouraged people to try and resolve issues through mediation. Mediation opens up dialogue, which is more beneficial for the children in the long term, and depending upon financial circumstances, some public funding may be available for it.
Additionally, court proceedings can be expensive and unpredictable. I always advise clients that it is best to come to an agreed decision together, rather than have a Judge who does not know you or your family make a decision which is likely to have long term consequences.”
Sources:
Resolution
Cafcass
