Advice from a Solicitor can overcome Court delays

As the lifting of restrictions has now set to be delayed family law solicitors at Pearson are advising clients of significant delays to the court system and looking more and more at out of court settlements to benefit their clients and move proceedings forward.

When children are involved it is always preferable to minimise disruption and a plan between parents putting the children at the centre of the issue will help pave the way.

Alternative Dispute Resolution

In addition our solicitors are focusing on Alternative Dispute Resolution (ADR) and encouraging out of court settlements.  ADR also can lead to a better long term relationship with your partner as it is often more conciliatory than the more traditional court route.

“With variants and changes to the lifting of lockdown the pressure is still very much on the family courts to get on with work as usual in extenuating circumstances but for clients delays can be frustrating so we are doing everything we can to minimise this and manage expectations,” said Divorce and family law solicitor, Emma Kendall.

Family Law Court Delays

There are currently delays in the court system of up to five months for a first hearing and so we would always advise that clients liaise with their family law solicitor about Alternative Dispute Resolution.

“If someone is waiting for a Court hearing date, which may be in the distant future, this is time not spent with their children and so I would always advise that they try and sort out their arrangements,” added Emma.

Where there are safeguarding issues the Court will need to get involved, but usually it is for parents to reach these decisions together.  Cafcass, the Children and Family Court Advisory and Support Service, have a ‘Parenting Plan’ which can be helpful for couples to think about what issues there may be in future, this can then form the basis for the agreement, narrow the issues considerably and speed up the process.

“We are finding that the courts are no longer wanting to get involved in the minutiae of arrangements as they would have done in the past and so mediation could be used for these narrow issues.

We always try to negotiate with the other side to sort out arrangements and if delays are to be minimised this is more relevant now than ever. Those clients going to Court should expect the issues to be limited only to those necessary for a Judge to determine,” advised Emma Kendall.

When finances are an issue it is always advisable to get good initial advice from a family law solicitor as to your rights before agreeing or entering into arrangements with your spouse, now especially so, as court delays could mean you may be compromising your rights.

For advice on all family and divorce issues, divorce and your finances or to discuss divorce and what happens to your children call the Pearson Family law team on 0161 785 3500 or email family@pearsonlegal.co.uk

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Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.

This blog was posted some time ago and its contents may now be out of date. For the latest legal position relating to these issues, get in touch with the author - or make an enquiry now.