Solicitor calls for greater use of alternatives to Court, as Family Court backlogs grow

Families already under pressure face further setbacks due to the cancellation of Family Court sitting days, according to Stuart Daniel, Head of Family Law at Mander Hadley.

“The main impact of these cancellations is the added anxiety and stress for clients,” Stuart explained.

“Waiting for a hearing is already nerve-racking. When families are told they must wait another two or three months it takes a serious toll on mental health and wellbeing.”

For families already struggling with costs, the financial impact of delays is equally damaging. Hearings prepared months in advance may be adjourned at short notice, forcing solicitors to revisit the work later.

“Legal documents need updating and preparation has to be repeated. That means extra costs for families at a time when many can least afford them.”

According to Stuart, the backlog reflects structural pressures in the Family Court system.

“We have a bigger population and more people turning to the Courts. With legal aid cut backs, many people represent themselves without knowing the process or how to present their case. That often slows down proceedings and makes hearings less effective.”

Recent cases the team at Mander Hadley have been instructed on demonstrate how families are affected.

“We have had hearings listed for months that were suddenly cancelled a few days before due to lack of judicial availability. In one matter, we are still waiting for a new date. In other cases, hearings have been moved at the last minute to another venue or converted to a remote (video) hearing.

“These sudden changes leave families feeling stuck and anxious, forcing them to rearrange childcare, take time off work and repeat months of legal preparation.”

While investment in more judges and extended Court hours would help with the delays, Stuart believes there are immediate steps that could ease the pressure.

“I would like to see more hearings take place by video or telephone. During the pandemic that approach worked well and hearings were dealt with more quickly.

“Since then, there has been a push to return to physical hearings, but virtual hearings could help manage backlogs and reduce delays.”

Stuart also noted that there are many alternatives to resolving family matters in a courtroom.

“The Courts themselves now push mediation and other forms of alternative dispute resolution. In finance cases, private FDRs can offer a quicker route where parties agree to appoint an appropriate Chairperson (perhaps a qualified and experienced solicitor or barrister, or other legal expert, to hear the dispute and act as a private Judge.

“For cases involving children, mediation is a valuable option to give families closure without the added stress and strain of court time.”

Encouraging families to explore out-of-court settlements can help avoid the backlog altogether, especially in disputes that hinge on communication rather than strict legal determinations.

“Families deserve timely decisions so they can move on with their lives. With investment, smarter use of technology and a stronger culture of resolving disputes outside the Family Court, the system can deliver that without leaving parents and children in limbo,” Stuart concluded.

Mander Hadley is one of the most well-established firms of Solicitors in Coventry and Warwickshire.

Anyone concerned about the impact of Family Court delays can contact the firm on 01926 857631 for advice on managing the process and exploring solutions outside of a courtroom.

Bio Latest Posts

Mander Hadley

Mander Hadley Solicitors is not only a long established firm, but is vibrant and successful, with a forward thinking approach.