By Nicki Mitchell, Jones Myers Family Law Mediator and Child Inclusive Mediator – as featured in The Divorce Magazine

For separating couples, mediation can be a highly effective way of avoiding a lengthy, costly, and drawn-out Court divorce in which children are often caught up in the crossfire.

To help more couples in this situation, the Government has launched and extended a Family Mediation Voucher Scheme to encourage more people to undergo mediation.  

What is the Family Mediation Voucher Scheme?  

The publicly funded scheme helps separating couples to resolve their family law disputes outside of Court, giving them up to £500 towards the costs of mediation.

Both people involved need to agree to take part – and only Mediators like me who are authorised by the Family Mediation Council (FMC) can conduct the sessions.

How do I know if I’m eligible?  

Most divorcing couples are required by law to attend a Mediation Information Assessment Meeting (MIAM). At this session a qualified mediator assesses whether mediation is appropriate for your individual case – and if you qualify for the scheme.

Eligible cases must involve a dispute or court application involving a child, although the sessions can also cover related issues around finances.

Which cases do NOT qualify for the funding?  

• If you’re applying for a consent order
• If any children are involved in emergency proceedings, care proceedings or supervision proceedings
• If any of the children are the subject of an emergency protection order, care order or supervision order

Where there are allegations of domestic abuse, the mediator will carefully assess with the person alleging that abuse whether mediation is suitable.

What happens if I quality?   

Your mediator will apply for the voucher funding, paid directly to them when the mediation is concluded. Vouchers are limited and the mediation sessions can be attended together or separately.

Will the £500 cover all mediation costs?

This depends upon the mediator’s fees and the number of sessions needed. The voucher is intended to be a contribution towards mediation sessions.

What happens if the mediation doesn’t work?

You and your ex should take advice as to the options available.  Ultimately, if all else fails, you can make an application to go to Court.

What happens if the mediation is successful?

The arrangements agreed in mediation can be put into a document which is often known as a “parenting plan” which you can then both sign.  This provides a useful record of your agreement. 

A parenting plan does not have the status of a court order.  However, court orders are not usually necessary or desirable in children cases. 

The law (The Children Act 1989) works on the basis of the “non-intervention principle”. Put simply, the law recognises that parents are much better placed to parent than a court and so orders will only be made where necessary in the best interests of a child.

If you can agree, then an order is often not necessary. An order made when children are young will often become a straight jacket by the time they are older.  It makes sense for you to continue to review what your children need as they grow up, and this is much easier to do in mediation than in repeated court applications.

In our extensive experience, along with speed and cost, mediation helps to minimise the damaging fallout from a separation, enabling both parents and their children to move forward.  

For more information on the scheme visit Family Mediation Voucher Scheme – GOV.UK (www.gov.uk)

Jones Myers expert mediators can assist you in this non-confrontational option which keeps communication channels open for many divorcing couples and enables them and their children to move on with their lives.

For more information on mediation or other family law issues, call our Leeds office 0113 246 0055, our Harrogate office 01423 276104, or our York office on 01904 202550. Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

Jones Myers blog is ranked 8^th in the UK’s Best 25 family law blogs and websites to follow in 2023.

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A new dedicated telephone line seeking feedback from children and young people involved in family court proceedings is a much needed and welcome development.

The ‘Hear to Listen’ service has been launched by Cafcass, the Children and Family Court Advisory and Support Service, England’s biggest employer of qualified social workers.

Representing children in family court cases in England, Cafcass independently advises family courts on children’s best interests to ensure their voices are heard in the family justice system.

Children can contact the new facility during or after their proceedings. They can comment and feedback on how Cafcass has listened to them and understood what life is like for them during the proceedings.

Putting children’s best interests first in relationship breakdowns and ensuring they have a voice goes to the heart of Jones Myers’ ethos and our sustained commitment to deliver excellence.

Our acclaimed Children’s Department, acknowledged as “particularly famed for its ability to handle complicated children cases” (Legal 500 guide), has extensive expertise in children law across Private and Public Law.  

Our specialisms include residence, contact, relocation, international child abduction, adoption, and child protection – which requires balancing parents’ rights while ensuring children are protected from significant harm.

As well as acting for parents and grandparents, we also represent children, through their court appointed Children’s Guardians allocated by Cafcass. If the child is of a significant age and maturity, then we also represent the child separately.

Jones Myers Partner, Anthony Parrish, said: This telephone line is a major step forward in ensuring that children have felt listened to by the courts and the various professionals involved in court proceedings concerning them. 

“It has to be remembered that the main ethos of the Children Act 1989 is the children’s welfare is paramount and this allows children an increased voice in proceedings. It will be invaluable in improving the already excellent service that Cafcass provide children in proceedings.

“It is my experience that in proceedings, children very much value the ability to express their views on what is happening to them either directly to their Children’s Guardian or to their solicitor representing them. This new initiative adds an extra layer to this inclusivity.”

Jacky Tiotto, Chief Executive of Cafcass which supports over 140,000 children a year, says obtaining feedback from children is a priority.

“We are working harder to develop as many opportunities as we can to enable children to explain to us what makes the most positive difference to them through their court proceedings.

“Our responsibilities include, understanding what life is like for them, whether they are safe, and what is in their best future interests. Our analysis of what they and their families say to us informs our recommendations to the family court.

“Children’s feedback about how well we do this and what needs to improve offers us an unmissable chance to develop the best help and support we can offer.”
The ‘Hear to Listen’ call line is contactable on 0330 403 0300. It is open 9am – 5pm Monday to Thursday, and 9am – 4:30pm on Fridays.
For queries on children law or family law, call us on 0113 246 0055 (Leeds), 01423 276104 (Harrogate), or 01904 202550 (York). Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce Jones Myers blog is ranked 9^th in the UK’s Best 25 family law blogs and websites to follow in 2022

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