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The hidden cost of long family court delays – Could the system risk damaging parent-child relationships?

Recent Government data has revealed that family court cases involving child arrangements now take an average of 41 weeks to reach a decision.

For parents and children caught in separation or divorce, nearly a year of waiting can feel like an eternity.

Beyond these numbers, there lies a deeper issue – the lasting harm to the relationship between a parent and their child.

The emotional toll of uncertainty

Family disputes are, by nature, emotionally charged.

When decisions about where a child will live, how much time they will spend with each parent, or even whether contact will take place at all remain unresolved for months, the psychological toll can worsen.

Children, in particular, are left in limbo, unsure of routines, torn between households, and often exposed to ongoing conflict.

This prolonged uncertainty not only disrupts their sense of stability but can also increase anxiety, stress and confusion.

For parents, the inability to maintain regular contact during this waiting period risks relationships breaking down, sometimes beyond repair.

A breeding ground for parental alienation

Long delays in court proceedings unintentionally create the perfect conditions for parental alienating behaviours to develop.

The longer it takes to resolve, the more opportunity there is for one parent to manipulate or influence the child’s perception of the other parent, whether deliberately or unintentionally.

Recent research from the University of West London, funded by Good Egg Safety, revealed that around 40 per cent of separated parents said their ex-partner had attempted to turn their child against them.

When these behaviours go unaddressed for nearly a year, the damage to the parent-child relationship can become very difficult to undo.

Why is the system taking so long?

The delays affecting family courts are not new.

However, they have worsened due to years of underfunding, increasing caseloads, and the lasting effects of the pandemic on court resources.

In the last quarter alone, more than 13,000 new child arrangement cases were filed in England and Wales, many involving complicated issues such as allegations of alienation, safeguarding concerns or domestic abuse.

What can families do?

While systemic reform is necessary, there are steps families can take now to protect relationships and avoid unnecessary harm:

Document issues early and clearly – If you believe alienating behaviours or safeguarding concerns are present, keep detailed, factual records. This will assist when your case is reviewed.
Keep the focus on the child’s well-being – Courts aim to put children first, but you can also take steps to maintain stability, avoid exposing them to conflict, and ensure they continue to feel loved by both parents.
Seek legal advice early on – Our experienced family law solicitors can guide you through interim measures, such as applying for temporary contact orders, to maintain vital contact during long delays.

The need for lasting change

Campaigners, legal professionals and families affected by delays are all calling for change. Children’s welfare must not be compromised by systemic delays.

Struggling with family court issues? Get expert advice from our family law solicitors today.

Stuart Daniel

Director – Head of Family Department

I qualified as a Solicitor in 2006 and now specialise in divorce, financial settlements, childcare arrangements and Pre Nuptial Agreements. I have many years’ experience as a private family lawyer having worked with two other local firms before returning to Mander Hadley, where I first undertook work experience during my university studies.