London Daily

Focus on the big picture.
Thursday, Sep 11, 2025

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
The British legal mafia hit back: Banksy mural of judge beating protester is scrubbed from London court
Surpassing Musk: Larry Ellison becomes the richest man in the world
Embarrassment for Starmer: He fired the ambassador photographed on Epstein’s 'pedophile island'
Manhunt after 'skilled sniper' shot Charlie Kirk. Footage: Suspect running on rooftop during panic
Effective Protest Results: Nepal’s Prime Minister Resigns as Youth-Led Unrest Shakes the Nation
Qatari prime minister says Netanyahu ‘killed any hope’ for Israeli hostages
King Charles and Prince Harry Share First In-Person Moment in 19 Months
Starmer Establishes Economic ‘Budget Board’ to Centralise Policy and Rebuild Business Trust
France Erupts in Mass ‘Block Everything’ Protests on New PM’s First Day
Poland Shoots Down Russian Drones in Airspace Violation During Ukraine Attack
Brazilian police say ex-President Bolsonaro had planned to flee to Argentina seeking asylum
Trinidad Leader Applauds U.S. Naval Strike and Advocates Forceful Action Against Traffickers
Kim Jong Un Oversees Final Test of New High-Thrust Solid-Fuel Rocket Engine
Apple Introduces Ultra-Thin iPhone Air, Enhanced 17 Series and New Health-Focused Wearables
Macron Appoints Sébastien Lecornu as Prime Minister Amid Budget Crisis and Political Turmoil
Supreme Court temporarily allows Trump to pause billions in foreign aid
Charlie Sheen says his father, Martin Sheen, turned him in to the police: 'The greatest betrayal possible'
Vatican hosts first Catholic LGBTQ pilgrimage
Apple Unveils iPhone 17 Series, iPhone Air, Apple Watch 11 and More at 'Awe Dropping' Event
Pig Heads Left Outside Multiple Paris Mosques in Outrage-Inducing Acts
Nvidia’s ‘Wow’ Factor Is Fading. The AI chip giant used to beat Wall Street expectations for earnings by a substantial margin. That trajectory is coming down to earth.
France joins Eurozone’s ‘periphery’ as turmoil deepens, say investors
On the Anniversary of Queen Elizabeth’s Death: Prince Harry Returns to Britain
France Faces New Political Crisis, again, as Prime Minister Bayrou Pushed Out
Murdoch Family Finalises $3.3 Billion Succession Pact, Ensuring Eldest Son’s Leadership
Big Oil Slashes Jobs and Investments Amid Prolonged Low Crude Prices
Court Staff Cover Up Banksy Image of Judge Beating a Protester
Social Media Access Curtailed in Turkey After CHP Calls for Rallies Following Police Blockade of Istanbul Headquarters
Nayib Bukele Points Out Belgian Hypocrisy as Brussels Considers Sending Army into the Streets
Elon Musk Poised to Become First Trillionaire Under Ambitious Tesla Pay Plan
France, at an Impasse, Heads Toward Another Government Collapse
Burning the Minister’s House Helped Protesters to Win Justice: Prabowo Fires Finance Minister in Wake of Indonesia Protests
Brazil Braces for Fallout from Bolsonaro Trial by corrupted judge
The Country That Got Too Rich? Public Spending Dominates Norway Election
Nearly 40 Years Later: Nike Changes the Legendary Slogan Just Do It
Generations Born After 1939 Unlikely to Reach Age One Hundred, New Study Finds
End to a four-year manhunt in New Zealand: the father who abducted his children to the forests was killed, the three siblings were found
Germany Suspends Debt Rules, Funnels €500 Billion Toward Military and Proxy War Strategy
EU Prepares for War
BMW Eyes Growth in China with New All‑Electric Neue Klasse Lineup
Trump Threatens Retaliatory Tariffs After EU Imposes €2.95 Billion Fine on Google
Tesla Board Proposes Unprecedented One-Trillion-Dollar Performance Package for Elon Musk
US Justice Department Launches Criminal Mortgage-Fraud Probe into Federal Reserve Governor Lisa Cook
Escalating Drug Trafficking and Violence in Latin America: A Growing Crisis
US and Taiwanese Defence Officials Held Secret Talks in Alaska
Report: Secret SEAL Team 6 Mission in North Korea Ordered by Trump in 2019 Ended in Failure
Gold Could Reach Nearly $5,000 if Fed Independence Is Undermined, Goldman Sachs Warns
Uruguay, Colombia and Paraguay Secure Places at 2026 World Cup
Florida Murder Case: The Adelson Family, the Killing of Dan Markel, and the Trial of Donna Adelson
Trump Administration Advances Plans to Rebrand Pentagon as Department of War Instead of the Fake Term Department of Defense
×