Are
you currently involved in long and stressful court proceedings in a fight to
have contact with your children? Do you ever feel like there will never be an
end to your on-going struggle to see your children?
I
suspect you do not feel alone as it has been reported that family justice is
currently under a huge strain with around 20,000 families currently waiting for
the Court to resolve their dispute. Parents are regularly being advised to use
mediation to make arrangements for caring for their children and to only turn
to the courts as a last resort. However mediation is not always the best course
of action, especially where hostilities exist between the parents and this
inevitable means that many fathers find that they continue to struggle to enjoy
sufficient contact with their children and the Court’s involvement is the only
way they are able to see their children.
So
is there good news for fathers on the horizon?
Mr Justice Rider and the Lord Chief Justice have
announced plans to minimise the time it takes for family courts to speed up
cases that are heard in England and Wales.
The
above proposal includes plans for a single family court run by both judges and
magistrates to replace the current system where judges sit in multiple court
buildings. This will replace the current system where cases can be heard in
either one of three Courts; the Family Division of the High Court, County Court
and Family Proceedings Court.
So will this mean that fathers will get to see their
children quicker? Well as London Family Law Specialists, we are hopeful the
proposals will speed up the current system to make a difference to fathers
seeking contact.
Under
the current rules, CAFCASS provides what is known as a “Wishes and Feelings
Report” or if required, a “Section 7 Report” stating their views of the children’s’
feeling about having contact with the non-resident parent. However with CAFCASS
being over-burdened, many fathers have been left feeling frustrated about the
slow and insufficient procedures currently in place.
In
an attempt to counter this possibility of delay, Mr Justice Ryder has made the
radical recommendation that the views of children be communicated directly to
the Court. This will mean that children will be given a direct voice to the Judge to make their views
known in decisions that affect them. Naturally
this will apply to children of certain ages and abilities, but this could be a
huge progression in legal proceedings: removing the fear of delay caused by
CAFCASS and complaints of unfair and biased reports being prepared.
Not
only will children be able to be heard quickly and directly by the Judge, but
under the new recommendations Judges will also receive more training and
guidance to help them reach quicker decisions and in some cases, make quicker
decisions as to how much contact a father should have with their children.
Of
course many children are of an age where they can clearly express their views
to a Court and are aware of the Court case that concerns them. By allowing
children to have a faster route to explaining to a Judge that they want to have
contact with their father, will invariably mean that contact disputes will
resolve sooner rather than later.
This
sounds fantastic and finally a step in the right direction to achieving some
justice for fathers striving for contact.
However, these are only recommendations at this stage and one cannot get
too excited as there is a long way to go before the current procedure is
changed in any way. Issues’ involving
residence and contact with infants is something that also remains to be
tackled. But what we can see is a clear indication
of a shift in the thinking of the Court system and the judiciary towards
fathers and whilst it has been a long time coming, the change of direction will
be welcomed by fathers everywhere. No
doubt, there will be opposition to the proposals from various groups lobbying
for the law to remain as it is, as surely children cannot be trusted to tell
the Courts what they want – and hence, the need to remain grounded and not get
too excited about the proposals.
For
now, it is important for all you fathers out there to challenge the status quo
in a strategic manner. The first step in any strategy will be to establish
contact or residence with your children ASAP.
It may appear a long winded process at the present time: but with the
right representation and the correct approach, it can be achieved. At Bains Cohen LLP, we pride ourselves on
being specialist London Family Law Solicitors who strive for fighting for
fathers’ rights to have contact with their children as quickly and as less
stressful as possible. If you are fighting an on-going contact battle or are
considering issuing court action or contemplating mediation, please contact us
on 0208 252 7373 to discuss the strategies available to you.
Rebecca
Antoniou
Solicitor
Bains Cohen LLP
