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JO O’SULLIVAN<br />
COURT IS THE “VERY WORST PLACE” FOR<br />
ISSUES OF RELATIONSHIP DYSFUNCTION TO<br />
BE RESOLVED<br />
Options for parents<br />
I have just returned from Manchester where I<br />
delivered a workshop, at a national conference,<br />
to fellow family law professionals about the<br />
future of family law. At the conference we<br />
also heard from the President of the Family<br />
Division, Sir Andrew McFarlane, who reminded<br />
us that there are around 8 million families with<br />
dependent children in England and Wales:<br />
• Some 130,000 couples with dependent<br />
children separate each year.<br />
• Of these, 50,000 end up in court proceedings.<br />
• These figures, he said, indicate that around<br />
38 per cent of couples go to court to resolve<br />
disagreements over how they should care for<br />
their child post-separation. He added:<br />
“I consider that the disputes that parents bring<br />
to court will only very seldom involve an issue of<br />
law. They are, instead, disputes that arise from<br />
a breakdown in the key relationships within a<br />
family and, in particular, between the child’s two<br />
parents....<br />
“Cases of straightforward relationship<br />
dysfunction, not involving abuse or a need for<br />
protection, should not need to come before a<br />
magistrate or judge for resolution....<br />
“To my mind, there has got to be a better way<br />
of assisting those couples who need some help<br />
and support at what is plainly a difficult time for<br />
them and for their children.”<br />
He is clearly saying that the court is the very<br />
worst place for such issues to be resolved; I<br />
am shocked by the very high percentage of<br />
people seeking court adjudications. I agree<br />
with him, this is completely unnecessary. Such<br />
applications to court, in the future, will become<br />
harder to do. Parents have the following options:<br />
1. Work with a Family Consultant or therapist to<br />
sort through feelings around separation.<br />
2. Work with me as a family mediator to help<br />
sort out communication and practicalities.<br />
(Or ideally both.)<br />
If you want to find a better way to sort things<br />
out, contact me.<br />
Please call to discuss what might be the best process for you<br />
on 07780676212 or email jo@osullivanfamilylaw.com<br />
For more details about how I work visit<br />
www.osullivanfamilylaw.com