Separating parents could face fine for refusing mediation

It is hoped the proposals could help up to 19,000 separating families resolve their issues away from the courtroom, the Ministry of Justice (MOJ) said.

Resolve disputes through talking not court, separating couples told under plans (Getty Images/iStockphoto)

Couples who are separating in England and Wales could face fines for refusing to try mediation under new proposals.

Under new plans, separating parents will be made to try mediation rather than going to court to sort out their dispute, with court only being a last resort.

Separating parents will be required to try to agree their child custody and financial arrangements through a qualified mediator.

Justice Secretary Dominic Raab said ‘lengthy and combative courtroom battles’ were harmful for children. (PA Archive)

The proposals include new powers for judges to impose financial penalties if parents act unreasonably and harm a child’s wellbeing by dragging out court proceedings.

The plans are aimed at protecting children and reducing backlogs, and it is hoped the proposals could help up to 19,000 separating families resolve their issues away from the courtroom, the Ministry of Justice (MOJ) said.

The plans would also help to reduce backlogs, easing pressures on the family courts and ensuring the justice system can focus on the families who need most protection, it added.

While the proposals will apply to cases that are considered to be suitable low-level family court cases, they will not apply to cases involving allegations or a history of domestic violence.

The plans will be subject to a Government consultation for 12 weeks from Thursday, closing on June 15.

Justice Secretary Dominic Raab said: “When parents drag out their separation through lengthy and combative courtroom battles it impacts on their children’s school work, mental health and quality of life.

“Our plans will divert thousands of time-consuming family disputes away from the courts – to protect children and ensure the most urgent cases involving domestic abuse survivors are heard by a court as quickly as possible.”

John Taylor, chair of the Family Mediation Council, said: “Family mediation can play a really positive role in producing better outcomes for separating families, and in reducing the burden on courts.

“This consultation shows that ministers recognise its value in helping separating couples make parenting and financial arrangements without the stress and delays involved in going to court.”

Chief executive of the Children and Family Court Advisory Support Service (Cafcass), Jacky Tiotto, welcomed the proposals, saying it sees “the harm to which children are exposed in long adversarial court proceedings”.

Meanwhile, the Government’s family mediation voucher scheme will be extended until April 2025 backed by an additional £15 million in funding, the MOJ said.

The scheme provides separating couples with vouchers worth up to £500 to help them solve disputes through mediation and has so far supported more than 15,300 families, the department said.