55,000 families who snub mediation over child custody and money to face fines

EXCLUSIVE: Around 55,000 families in dispute over children end up in court but Dominic Raab will announce mediation for separating couples will be mandatory to settle more rows over child custody and money.

By Michael Knowles - Daily Express Home Affairs Editor, Home Affairs and Defence Editor

Officials said the change could help up to 19,000 separating families resolve their problems

Officials said the change could help up to 19,000 separating families resolve their problems (Image: Getty)

Warring parents could be forced to pay thousands if they refuse mediation and expose their children to emotional scars, the Daily Express has learned. Justice Secretary Dominic Raab will today announce mediation for separating couples will be “mandatory” to settle more rows over child custody arrangements and money.

Officials said the change could help up to 19,000 separating families resolve their problems before they reach the courtroom.

Around 55,000 families in dispute over children end up in court. Couples who fail to attend mediation or take it seriously could be fined, the Ministry of Justice revealed last night.

Options under consideration are forcing parents to pay the costs of mediation, the costs of their ex-partner’s legal representatives, or the court fee paid by the other party.

This could mean the bill will be in the thousands.

Officials will launch a consultation today on the proposal, including on the amount of the fine.

Cases involving allegations or a history of domestic violence would not be included in the mandatory mediation plan. Mr Raab told the Daily Express that legal strife can affect children’s schooling and mental health, and can impact their relationships later in life.

The proposals, which would apply to England and Wales, will be subject to a consultation for 12 weeks from today.

President of the Family Division in the courts, Sir Andrew McFarlane, said: “Reform in the approach to resolving private family law disputes is my top priority.

“Providing support for the resolution of disputes collaboratively outside of the court will benefit not only parents and children but the family justice system as a whole.

“Court proceedings can often be lengthy and come with a cost – both financial and emotional.

“This consultation marks a significant step towards not only legal change but also a cultural shift, relating to the resolution of parental disputes in the best interests of children.”

Ministers are also set to spend another £15million on extending the Government’s Family Mediation Voucher Scheme to April 2025.

The scheme provides separating couples with vouchers worth up to £500 to help them solve disputes.

Comment by Dominic Raab

Every year around 55,000 families in disputes over children end up in the courts.

Whether it’s dividing up a child’s time between parents or matters of money, families often struggle to agree.

Drawn-out legal disputes are stressful, costly and particularly tough on children.

Research shows relationships between parents matter, including when they part.

They impact on how children do at school, their behaviour and their own relationships.

A messy break-up can cause lasting damage. It’s far better for children when parents separate on civil terms.

We want to protect as many children as possible from the anguish of a combative divorce.

Our courts face unprecedented pressures following the pandemic. Mediation offers a way through.

Rather than a judge making decisions, mediation means couples work together to reach agreements with the support of a third person.

We know it works. Our voucher scheme has helped over 15,300 families access mediation and I want more to benefit. That’s why

I’ve extended funding for two years, with an investment of £15million. The scheme has had a 69 percent success rate and we want more families to take this swifter, less costly and more constructive route.

Mediation would only be pursued where it’s a safe option. Clear exceptions are cases involving domestic abuse or child protection concerns. These cases must go to court.

Cutting disputes clogging up courts means we’ll free space so such serious safeguarding cases can be heard sooner.

We’ll also look at how we can empower judges to hold accountable those who don’t take mediation seriously – people who draw out cases could be in line to pay court and mediation costs.

Mediation isn’t a magic bullet.

But it can help families move on more quickly, sparing them – and especially their children – the emotional scars that often last a lifetime.

Our reforms would put children and the family first, end the trauma that accompanies a messy legal separation and ensure cases of domestic abuse get to court sooner.

The Rt Hon Dominic Raab MP is Justice Secretary and Deputy Prime Minister

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