Addressing the Family Courts Crisis: A Call to Action

With the new Labour government now in place, led by Keir Starmer, we need to address the current mess in the family courts. The Law Society of England and Wales has recently pointed out that we need to fix this issue ASAP because it’s impacting tens of thousands of children across the UK.

According to the Ministry of Justice (MoJ), 27,445 children were involved in new family cases between January and March 2024. Sadly, these cases are taking forever to sort out—about 11 months on average to figure out custody and contact issues. This long wait is causing a lot of emotional stress for children and their families.

Nick Emmerson, the president of the Law Society, said, “It is distressing that thousands of children have fallen victim to record backlogs in the family courts. The family courts are in a dire state. Children are forced to wait almost a year in limbo, as they are failed by a system that should aim to protect them.” Last year, over 100,000 children were stuck in these backlogs. The Law Society is pushing for urgent action to stop another 25,000 children from getting caught up in this mess.

One of the main solutions the Law Society is suggesting is to bring back legal aid for early advice in family matters. This would help more families sort out their issues without going to court, which would reduce the number of cases clogging up the system. Even if families still need to go to court, they’d be better prepared, making the process quicker and easier.

The Law Society also wants to keep and expand the early advice pilot program. This program helps people solve their problems sooner, which would further reduce the backlog and ensure fewer children are left waiting.

The delays are seriously affecting children. Being stuck in long court proceedings leaves them in a state of uncertainty, which can make them feel insecure and anxious. This isn’t just a legal issue; it’s about their mental health and overall well-being. The long wait can mess with their emotional and psychological development, affecting their school life and friendships.

Families are also feeling the strain. Parents and guardians are constantly stressed, trying to provide stability for their children while dealing with a complicated and drawn-out legal process. This crisis affects not just the families involved but also the wider community.

The Law Society’s message is clear: the new Labour government, led by Keir Starmer, needs to prioritise the welfare of children by fixing the family courts crisis. Restoring legal aid and supporting early advice initiatives are crucial steps to ease the pressure on the court system and protect children’s well-being. As the government plans for the future, it’s essential that these vulnerable children are not forgotten. They deserve a justice system that works efficiently to safeguard their interests and provide the stability they need to thrive. We hope that Keir Starmer and the newly appointed leader for this initiative will take swift and decisive action.

The family courts crisis is more than just a legal issue; it’s a serious social concern that needs immediate attention. The well-being of tens of thousands of children is at stake, and it’s crucial that the new Labour government takes action to resolve this crisis. By restoring legal aid and supporting early advice programs, we can start to reduce the backlog, protect children’s welfare, and ensure a more just and efficient family court system. The time to act is now, for the sake of our children’s future.

We at Your McKenzie Friend,are here to support you through these tough times. If you have any questions or need help, please don’t hesitate to reach out.