London Daily

Focus on the big picture.
Thursday, Apr 23, 2026

Splitting parents face fine for refusing mediation

Splitting parents face fine for refusing mediation

Separating parents in England and Wales could face fines for refusing to try mediation under new proposals.

The government is set to make sessions mandatory and offer funding support in an effort to divert cases away from under-pressure family courts.

Justice Secretary Dominic Raab said "lengthy and combative courtroom battles" were harmful for children.

But the Law Society said the plan could put victims of undetected coercive control in a vulnerable position.

The government has launched a consultation on the policy, which it hopes will help to deal with backlogs in the family courts system.

The policy will apply to separations where children are involved but the government is also looking more broadly at compulsory mediation for those without children, and how that could be funded.

Mediation, where couples can agree the practicalities of a split in the presence of an independent specialist, is already available as an option, but there is no requirement to engage with it prior to going to court.

Under the plans, judges will be able to order separating couples to make a "reasonable attempt" to agree matters such as child custody and financial arrangements in mediation, and will face fines "if they act unreasonably and harm a child's wellbeing by prolonging court proceedings".

The new rules, which apply to couples with children who are married or in civil partnerships, will exclude relationships where there has been domestic abuse.

But the Law Society, which represents solicitors in England and Wales, has warned the policy "risks sending people to mediation who should not be there".

Richard Miller, the organisation's head of justice, told the BBC mediation was "absolutely vital" in many cases, but in situations where there was an "imbalance of power", it could lead to "unjust outcomes".

He added: "Relationships where there is manipulation or coercive control can be very difficult to spot initially, and those on the receiving end of that sort of abuse might not even understand the extent to which they are being controlled themselves."

Dominic Raab said the plans would save the courts time and protect children


Women's Aid has said clarity is "urgently needed" to understand how the Ministry of Justice will ensure all domestic abuse survivors will be kept safe and allegations will be properly investigated.

The charity's head of policy, Lucy Hadley, said survivors "frequently fear they will be accused of parental alienation" if they raise domestic abuse.

"This lack of disclosure means the proposed exclusion of domestic abuse cases from mediation will not always work, and we fear that women will be re-traumatised by mediation with their perpetrators.

"If mediators don't have a thorough understanding of domestic abuse - or even know abuse is a factor in a case - these processes will ignore unequal power dynamics, exacerbating the abuse women experience and putting them at further risk", Ms Hadley added.

Mr Miller called on the government to reintroduce aid for early legal advice - which was cut from private family cases in 2012. That would make it easier for people to see a solicitor before any mediation in order to provide an extra safeguarding measure, he said.

It is common practice for an assessment to be held prior to mediation in order to determine suitability, and some couples may be referred to the court at that stage.

The consultation on the proposals is also expected to look at whether divorce should be funded under legal aid thresholds.

The Ministry of Justice believes mandatory mediation could help up to 19,000 families a year agree terms without going into the court system, which is dealing with huge backlogs made worse by the Covid-19 pandemic.

According to the most recent data, almost 29,000 new divorce applications were made in the three months between July and September 2022, with demand increasing after the introduction of no-fault divorces last year.

Mr Raab, who recently backed higher sentences for domestic killers who have subjected their victims to coercive control, said it would free up judges to "ensure the most urgent cases involving domestic abuse survivors are heard by a court as quickly as possible."

The announcement was welcomed by the Family Mediation Council (FMC), which said it would help families avoid "the stress and delays of going to court".

Under the plans, sessions with a qualified mediator would be part-funded by the government with a voucher worth up to £500.

According to the FMC, its registered mediators charge an average of £140 per person per hour, but rates and the number of sessions needed vary.

A mediation funding scheme has already supported 15,300 families, the MoJ said, and will be expanded with an extra £15m of government money.

More than two thirds of the first 7,200 users to be supported by the scheme "reached whole or partial agreements away from court", according to the department.

A 12-week consultation on the plans began on Thursday and will close on 15 June.

Newsletter

Related Articles

0:00
0:00
Close
Changi Airport: How Singapore Engineered the World’s Most Efficient Travel Experience
"Apple's Leadership Transition: Can New CEO John Ternus Navigate AI Challenges and Geopolitical Pressures?"
Italy’s €100K Tax Gambit: Europe’s Soft Power Tax Haven
News Roundup
Microsoft lost 2.5 millions users (French government) to Linux
Privacy Problems in Microsoft Windows OS
News roundup
Péter András Magyar and the Strategic Reset of Hungary
Hungary After the Landslide — A Strategic Reset in Europe
Meghan Markle Plans Exclusive Women-Focused Retreat During Australia Visit
Starmer and Trump Hold Strategic Talks on Securing Strait of Hormuz Amid Rising Tensions
Unofficial Australia Visit by Prince Harry and Meghan Expected to Stir Tensions with Royal Circles
Pipeline Attack Cuts Significant Share of Saudi Arabia’s Oil Export Capacity
UK Stocks Rise on Ceasefire Momentum and Renewed Focus on Diplomacy
UK to Hold Further Strategic Talks on Strait of Hormuz Security
Starmer Voices Frustration as Global Tensions Drive Up UK Energy Costs
UK Students Voice Concern Over Proposal for Automatic Military Draft Registration
Rising Volatility Drives Uncertainty in UK Fuel and Petrol Prices
UK Moves to Deploy ‘Skyhammer’ Anti-Drone System to Strengthen Airspace Defense
New Analysis Explores UK Budget Mechanics in ‘Behind the Blue’ Feature
Man Arrested After Four Die in Channel Crossing Tragedy
UK Tightens Immigration Framework with New Sponsor Rules and Fee Increases
UK Foreign Secretary Highlights Impact of Intensified Strikes in Lebanon
UK Urges Inclusion of Lebanon in US-Iran Ceasefire Framework
UK Stocks Ease as Ceasefire Doubts in Middle East Weigh on Investor Confidence
UK Reassesses Cloud Strategy Amid Criticism Over Limited Support Measures
UK Calls for Full and Toll-Free Access Through Strait of Hormuz Amid Rising Tensions
Starmer Signals Strategic Shift for Britain Amid Escalating Iran-Linked Tensions
UK Issues Firm Warning to Russia Over Covert Underwater Military Activity
OpenAI Halts Stargate UK Project, Casting Uncertainty Over Britain’s AI Expansion Plans
Starmer Voices Frustration Over Global Pressures Driving UK Energy Costs Higher
UK Deploys Military Assets to Protect Undersea Cables From Suspected Russian Threat
Canada Aligns With US, UK and Australia as Europe Prepares Major Digital Border Overhaul
Meghan Markle’s Planned Australia Appearance Sparks Fresh Speculation
Starmer Warns Sustained Effort Needed to Ensure US–Iran Ceasefire Holds
UK to Partner with Shipping Industry to Rebuild Confidence in Strait of Hormuz, Cooper Says
UK Interest Rate Expectations Ease Following US–Iran Ceasefire Agreement
Starmer Signals Major Effort Needed to Fully Reopen Strait of Hormuz During Gulf Visit
UK Fuel Prices Face Ongoing Volatility Amid Global Pressures and Domestic Factors
Kanye West’s Planned Italy Festival Appearance Draws Debate After UK Entry Ban
Smuggling Routes Shift Toward Belgium as Migrant Crossings to UK Evolve
Ceasefire Offers Potential Relief for UK Fuel and Food Prices Amid Ongoing Uncertainty
Iran Conflict Raises Questions Over UK’s Global Influence and Military Preparedness
Senator McConnell Visits Kentucky to Highlight Federal Investment in Local Projects
Kanye West Barred from Entering UK as Legal Grounds Come into Focus
UK Denies Visa to Kanye West After Sponsors Withdraw from Wireless Festival
Trump-Era Forest Service Restructuring Leads to Closure of UK Lab Focused on Kentucky Woodland Health
Foreign Students in the UK Describe Harsh Living Conditions and Financial Pressures
Reform UK Proposes Visa Restrictions on Nations Pursuing Reparations Claims
×