In England and Wales, tens of thousands of children are facing prolonged uncertainty due to extended delays in care proceedings and parental separation cases. According to data from the Children and Family Court Advisory and Support Service (Cafcass), children removed from their parents by the state are experiencing an average wait of 46 weeks for a final decision on their living arrangements. This duration far exceeds the government’s recommended target of 26 weeks, with 13 out of 42 designated family judge areas reporting even longer waits.
The most affected areas in the last quarter of 2022/2023 were East London and Norwich, with delays reaching up to 60 weeks, and West London and Wolverhampton/Telford, where waits extended to 58 weeks. Currently, Cafcass is handling 31,961 open children’s cases, impacting 52,276 children.
The Law Society of England and Wales has raised concerns about the impact of these delays on children. Law Society president Lubna Shuja highlighted that the prolonged uncertainty significantly affects children’s well-being, depriving them of the stability needed for their development. The delays also exacerbate tensions between parties, undermining a collaborative approach to family separation.
Cris McCurley, a member of the Law Society’s Access to Justice Committee, pointed out that the family courts system is struggling due to years of austerity cuts and neglect. The consequences are particularly severe for children, some of whom have not seen their primary carer parent for over three years. The Law Society is advocating for immediate investment in the system.
Jenny Beck KC, from the Law Society’s Family Law Committee, noted that many private family law cases could be resolved without court involvement. However, the lack of legal advice leads many parents to litigation, increasing conflict and contributing to court backlogs.
The Law Society is urging the government to restore early legal advice in family law cases, enabling parents to understand their rights and options better. While the government is focusing on mandatory mediation to address court backlogs, the Law Society argues that mediation is not always suitable and that early legal advice can guide separating couples towards appropriate solutions, including mediation where feasible.
The Ministry of Justice has acknowledged the need for efficient and swift resolution of family disputes and is taking steps to improve waiting times in family courts. This includes a £24 million investment in a mediation scheme to prevent parents from needing to go to court and additional funding for early legal support for those who do require judicial intervention.
What To Do Now
If you’re considering divorce or separation, family mediation offers a constructive, cost-effective way to resolve disputes without the stress and expense of going to court. By working with a professionally trained mediator, you can reach practical agreements that reflect the needs and interests of everyone involved — especially children.
At We Mediate, we provide a comprehensive range of services to support you through every stage of your separation. Our experienced and accredited mediators help you navigate complex issues such as financial arrangements, child contact schedules, co-parenting strategies, and communication challenges, all in a safe and confidential setting.
We believe every family deserves a fair, respectful, and accessible path through separation. Our focus is on creating balanced outcomes that prioritise the wellbeing of all parties, and our commitment to affordability means we can support families across England and Wales, no matter their circumstances.
Before starting mediation, you will need to attend a MIAM — a Mediation Information and Assessment Meeting. This is a confidential one-to-one session with an accredited family mediator, where you’ll learn more about how mediation works and whether it’s suitable for your situation. We can usually arrange MIAMs quickly, often within 24–48 hours, with daytime and evening appointments available. Book your MIAM today to take the first step towards resolving matters in a more cooperative and less adversarial way.
If you’re ready to explore a more amicable approach to divorce or separation, we invite you to browse our website or contact us directly. Whether you’re just beginning to consider your options or are already in the midst of proceedings, our team is here to guide and support you at every stage. Schedule your consultation today and discover how mediation can help you move forward with clarity and confidence.
You can call us on 0333 567 1676 or click here to send us a confidential email.
