Advice Centre

Being Creative in Overcoming Delays to Protect Children’s Best Interests

Posted by: James Legg
Posted in: Divorce, Family and children
Date published: 30/10/2024

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The Family Court system is struggling under the weight of its caseload, causing regular and significant delays to cases including where the welfare of children is being considered. This case study, based on our work at IMD Solicitors LLP, showcases how proactive legal thinking and creative approaches can significantly impact on the timetable for proceedings.

Case Background

The client in this case, a parent wishing to relocate with her child to another jurisdiction on an urgent basis, faced significant delays in the legal process. After an initial hearing, the court directed the parties to submit statements and instructed an independent social worker to provide a report evaluating whether relocation would serve the child’s best interests. However, despite the order requiring the final hearing to be listed on the first available date after the evidence was ready. However, the listing office only listed the final hearing almost a year later.

Relocation cases are often time-sensitive, arguments are often made that the longer a child remains in their current location the more challenging a move becomes. In addition, there was a real risk that the evidential matrix before the court at the final hearing would be outdated given the delay. As such there was significant concern about the children’s welfare if the delay went unchecked. 

The challenge was to expedite the hearing to ensure that the evidence remained relevant and up to date and the client’s case was not undermined by the significant delay. The other party to the proceedings refused to agree to an earlier hearing, and we assumed that was because they considered that the delay would bolster their care. Our team had to wrestle with what steps to take.

Strategic Legal Steps

We decided to take the following steps to address the situation:

• Attempting Negotiation with the Other Party: This approach is typically encouraged in family law matters to avoid protracted litigation but (as stated above) the opposing party refused, providing reasons that were unreasonable and seemingly aimed at delaying the process even further.

• Application to the Designated Family Judge: Following the failed attempt at agreement, an urgent application was made to the Designated Family Judge at the relevant court. This application requested that the judge use their powers to expedite the hearing by scheduling it in front of another judge, in a nearby court if necessary, that could accommodate an earlier date.

This approach was not without risk, as it represented an unusual step with an uncertain outcome and incurred a cost to the client. However, given the significant potential benefit, the application was filed on an urgent basis, reflecting the pressing nature of the relocation issue and the other issues that the delay may cause.

Outcome of the Application

The Designated Family Judge considered and approved the application and listed the matter significantly earlier than its initial listing. Effectively cutting five months from the timetable and ensuring that the evidence was as fresh as possible when it comes to the final hearing.

Practical Insights and Key Considerations

This case highlights several important considerations for representatives handling such matters and where delay may be an issue:

• Time Sensitivity in Relocation Cases: Courts may be inclined to preserve the status quo, and the longer a child remains in their current environment, arguably the harder it becomes to achieve a relocation. Acting swiftly and proactively to prevent delays that could disadvantage clients is often needed where a relocation is sought.

• Importance of Up-to-Date Evidence: Social worker reports and other evidence related to the child’s best interests can become outdated if too much time passes between the gathering of evidence and the final hearing. It is essential to expedite the process where possible to ensure that the court has access to the most current information and to avoid any further possible cost and delay being incurred by evidence having to be updated.

• Strategic Use of Court Procedures: The ability to think creatively and utilize court procedures to the client’s advantage is essential in family law. In this case, the  decision to seek an expedited hearing from a Designated Family Judge demonstrated a comprehensive understanding of the legal system’s flexibility and how to navigate it effectively.

• Negotiation vs. Litigation: While there was an attempt at negotiation, the refusal to cooperate led to the need for an application. Often it is sensible to try to reach agreement but when it is clear that will not happen, applications done urgently can help to protect a client’s position effectively.

Conclusion

Delays in the court system or becoming more and more common and can have significant consequences, making it essential for representatives to think laterally and act decisively. IMD Solicitors LLP’s handling of this case demonstrates how we effectively manage time-sensitive issues, ensuring that their client’s case is heard in a timely manner. By applying creative legal strategies and remaining focused on the child’s best interests, IMD Solicitors LLP were able to secure a more favorable timeframe for the client’s hearing.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.

To find out more about our services, visit International Children matters and contact disputes section of our website.

Call us now to discuss your case 0330 107 0107 or email us at info@imd.co.uk.