The pros and cons of family court
Going to family court isn’t for everyone. Yet there are plenty of instances where it can lead to important issues being resolved, and help to find an outcome that works in everyone’s best interests.
However, there are also some great conflict-resolution alternatives which include mediation, hybrid mediation and private FDR (Financial Dispute Resolution) judging. If you’re wondering what the best way forward is for you and your family, here are some of the positives and negatives of going through family court.
Resolve serious issues
Serious issues such as domestic abuse are often best dealt with in a traditional court setting, ensuring victims can be guaranteed protection through a court order. Alternatives such as mediation, might not be suitable in these circumstances.
Equally, issues that will have a significant impact on your family’s future, such as child arrangement orders and the protection of assets can benefit from being seen by the family court.
Legally binding
When a court order is issued, the outcome is legally binding, and any decisions made are final. This can include, but isn’t limited to:
Contact orders
Specific issue orders
Child arrangement orders
Parental responsibility orders
Where important issues are concerned, this sense of finality can be reassuring - both in the here and now, and for the future.
Compulsory
When matters are taken to court, the defendant must turn up to the court case. If you’re dealing with a difficult or uncooperative family member, going through the family court could be the best way to reach an outcome.
Waiting time
Because of the pandemic, there’s currently a long backlog of cases waiting to be seen by the family court. This means that wait times will be longer than usual, which is why the UK government is encouraging more people to try family mediation.
With 68,134 new family court cases started from just January to March this year, you could be left waiting for many months before your case can be seen.
Incentivises conflict
Whereas mediation is about resolving conflicts, going through the court can damage relationships. For instance, the claims made against your ex-partner in court might cause further breakdowns in communication.
It could be difficult to rebuild this trust and to work together effectively when co-parenting.
Court fees
At every step of the legal process, costs quickly add up. Court fees can be especially pricey when combined with the involvement of a legal professional, so it’s worthwhile doing some research before committing to anything.
You can find the UK government’s list of fees for civil and family court matters here.
However you decide to deal with family difficulties, we’re here to support you.
If you think you could benefit from family mediation, our team of trained mediators can help you to resolve conflicts and move forward with difficult conversations.
Get in touch with our team today to see how we can help you at anna@turningpointmediation.co.uk
