Can you go straight to UK family court? New guidance from the Children’s Commissioner

A new intervention from Children’s Commissioner for England highlights the necessity for mediation to be used to resolve disputes, rather going straight to family court. Dame Rachel de Souza says:

"mediation (including child inclusive mediation) ... can help you communicate in ways that prioritise your child’s needs and reduce the strain on all of you."

The Family Court in the UK requires that parents choose other less stressful and costly options to resolve conflict and disagreements, when this is safe. The first step is usually consulting with an Accredited Family Mediator, for a MIAM session. MIAM stands for Mediation Information and Assessment Meeting. It is an individual confidential session to review all options, and ensure Family Court is only used where necessary. You can find an authorised Family Mediator using the Family Mediation Council (FMC) 'find a mediator' tool: https://www.familymediationcouncil.org.uk/find-local-mediator/

Online Mediation offers more convenient and affordable MIAM sessions, available by video-call. Learn more and check availability here: https://www.onlinemediation.org.uk/bookmiam

At Online Mediation we wholeheartedly support the guidance for parents from Dame Rachel de Souza:

"it is not separation itself that determines how children fare, but the level of conflict to which they are exposed. Children tell us that what hurts them most is being drawn into adult disagreements or feeling as though they must choose sides. It’s far better not to think of there being ‘sides’ in a child’s family structure.

Mediation offers a proven method to reduce conflict and improve communication:

"Practitioners working with children report that when children feel parents are ‘fighting for them’, they feel caught in the middle, or even responsible for the conflict. This can, unintentionally, create ruptures in relationships and affect wellbeing lasting far beyond the legal process."

The Children’s Commissioner's full letter to parents is available online in this new report, and a PDF is linked below. We give it our full backing.

If you have any questions about family mediation, the process, or how to start using mediation, we are here to help. Contact us on 0800 133 7303 or using this form: https://www.onlinemediation.org.uk/contactus

Childrens commissioner letter to separating parents.pdf

Download PDF • 132KB

Please note:

This blog was correct to the best of the author’s knowledge when posted, but prices, processes and options can change so speak to us for current information. Our posts are not usually updated to reflect changes that happen after publication. Any information provided is for general information purposes and does not constitute legal advice. If you require legal advice, please contact a suitably qualified solicitor.