Putting Children First – A Better Approach to Family Law

Introduction

In the realm of family law solicitors, a crucial shift is long overdue. As we navigate through the intricacies of family disputes, it’s imperative that the welfare of children takes centre stage. However, the reality paints a different picture. Many family law solicitors lack specialised training that prioritises the best interests of the children involved. Instead, they often steer their clients towards contentious courtroom battles rather than seeking amicable resolutions.

The Training Disparity Among Family Law Solicitors

The Family Law Gazette’s recent article sheds light on this concerning trend. It highlights the disparity between the evolving landscape of family law and the outdated training practices of many solicitors. The legal arena witnesses seismic changes emphasising non-court dispute resolution. However, a significant portion of family law solicitors remains ill-equipped to navigate this terrain effectively.

Current Training and Shortcomings

The insights gleaned from the Gazette, show worrying statistics. The current training regimen for family law solicitors falls short of addressing the fundamental need for child-focused approaches. The mandated training for members of Resolution, the leading organisation for family law professionals, is limited to a mere three-hour Code of Practice course. While this course touches upon the application of the Resolution code, it fails to delve into the intricacies of non-court dispute resolution or essential skills crucial for keeping disputes out of court.

Statistics Highlighting the Gap in Training Among Family Law Solicitors

Statistics from Resolution’s website paint a stark reality. Out of over 6,500 members, only a fraction – just over 1,300 – are trained in mediation or collaborative law, the cornerstone of non-court dispute resolution. This glaring gap underscores the urgent need for a paradigm shift in the training paradigm for family law solicitors.

Essential Components Missing from Training for Family Law Solicitors

The November 2020 report from the Family Solutions Group (FSG) underscores the critical components missing from current training practices. These include recognising the harmful effects of parental conflict on children, amplifying the voice of the child, understanding and screening for domestic abuse, and addressing mental health issues prevalent in high-conflict cases. However, the current training landscape fails to adequately address these crucial aspects.

Real-world Implications for Family Law Solicitors

At Dads’ Consultancy, we’ve witnessed first-hand the repercussions of this inadequacy in training. Many solicitors employ tactics that subtly coerce clients into opting for courtroom battles instead of exploring mediation or collaborative approaches. Instances of rushing into emergency hearings, unfounded claims of domestic abuse, and unjustified pursuit of non-molestation orders are all too common. These adversarial tactics not only exacerbate conflicts but also disregard the best interests of the children involved.

The Call for Change Among Family Law Solicitors

It’s time for a revolutionary overhaul in how family law solicitors are trained. Mandating comprehensive training modules that encompass child-focused approaches, non-court dispute resolution, and interdisciplinary collaboration is imperative. By ensuring that all family law professionals have the requisite skills to prioritise the welfare of children and steer clients towards amicable resolutions, we can usher in a new era of family law practice.

Conclusion

In conclusion, the current training paradigm for family law solicitors is woefully inadequate in addressing the needs of children and promoting amicable resolutions. By embracing a holistic approach to training that emphasises child welfare and non-court dispute resolution, we can pave the way for a brighter future for families navigating the complexities of separation and divorce.

Source: The Law Gazette

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This approach not only promotes stronger relationships between fathers and their children but also cuts down on the time spent in court and the stress associated with numerous court hearings.