Children whose parents go through an acrimonious separation or
divorce are being failed by the law, with one in 10 turning to crime
and 8% considering suicide, a study found today.
Couples who use youngsters as "emotional footballs" during custody
battles can leave children so traumatised that a third seek solace in
drugs or alcohol, according to a poll of 2,000 people.
The study of individuals who had experienced a divorce as a child in
the last 20 years was commissioned by law firm Mishcon de Reya to mark
the 20th anniversary of the Children Act.
The survey also revealed that 42% of children witnessed aggressive
rows between their parents, with almost half (49%) forced to comfort an
upset mother or father.
Just under a quarter (24%) admit they were forced by one parent to
lie to the other and a further 15% were asked to spy on a parent.
With Legal Aid funding for parents to litigate over child related
issues in divorce or separation costing the nation £151 million a year,
according to the latest figures from the Legal Services Commission,
leading lawyers are calling for the Government to act by helping
separating couples avoid costly and potentially damaging court battles
through measures such as mediation and parenting classes.
Family lawyer Sandra Davis, from Mishcon de Reya, said: "This
research demonstrates that the legal process is not working because
parents continue to use their children as emotional footballs.
"Not only are warring mothers and fathers damaging their children,
they are costing the taxpayer millions which could be spent so much
more constructively.
"We need to take parents out of the legal arena and do more to
encourage them to make use of parenting classes. It is proven that
classes where children are involved can settle disputes much more
quickly and with less acrimony."
She said the study showed the court process "undermines the good
intentions of the legislation which was intended to put children first".
Half of those surveyed believe more should be done to put the
feelings of children first during divorce and 37% said they had no idea
where to turn for support.
Mishcon de Reya hopes to work with a charity to support children
with online support and a downloadable Separation Manifesto which
youngsters could get their parents to sign up to.
"It could help make parents act more responsibly but it is a drop in
the ocean of what is needed," said Ms Davis. "It's time the Government
reassessed a failing process and looked to find solutions to protect
kids caught in the middle."
Maureen Nuttall, strategy development manager at Action for
Children, said: "Divorce can be a difficult time for families and
children can often be left isolated if they do not get appropriate
understanding and guidance.
"These findings highlight the need for targeted support for both
parents and children at what can be a complicated and confusing time.
"The emotional wellbeing of children must be a priority for parents,
the legal profession and support services to ensure the impact of
divorce is kept to a minimum."
:: Research was carried out online between March 13 and 19 by
OnePoll among a representative sample of 2,000 individuals who had
experienced a divorce as a child in the past 20 years.
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