Report shows that family lawyers can fuel contact disputes

Divorcing couples who turn to lawyers to sort out contact arrangements for their children are often making the situation worse, according to a recently released report.

The research, carried out by social charity the Joseph Rowntree Foundation, also found that family lawyers were rarely able to improve their client's commitment to unwelcome contact arrangements.

Researchers interviewed 140 parents and children from 61 families affected by separation or divorce, and found that contact agreements reached without legal intervention were almost always more successful than ones decided in the courts.

It concluded that the time and money spent on expensive court battles would be better spent on trying to improve relations between separating parents and their children, which might then lead to an amicable contact arrangement.

Jane Craig, chairwoman of the Solicitors Family Law Association, said: 'It is possible that both the separated parents have very different views on what is right for a child's upbringing, and if they cannot reach an agreement then a third party must make that decision in court.'

She agreed that more money should be invested in programmes aimed at educating parents on the importance of proper contact, such as the system in the US which shows videos about the issue to couples.

However, Ms Craig said the involvement of lawyers was not always a bad thing.

'If parents are unable to come to an agreement about what's best for the child, then that is what the lawyers are there for.'

A Law Society spokeswoman pointed out that it recently launched the family law protocol, which 'actively encourages a constructive and conciliatory approach to the resolution of family disputes'.

She added that 'in some cases, however, it is necessary to go to court to effectively resolve contact issues'.

Meanwhile, the Children and Family Court Advisory and Support Service (CAFCASS), revealed in its first annual report that it received 24,093 requests for its services: 17,352 in private law and 6,731 in public law.

Victoria MacCallum