"There must be a better way"

Written by John Forsyth, Shared Parenting Scotland 

The 2024 Shared Parenting Scotland annual ‘user survey’ of clients reveals the eyewatering costs in seeking childcare arrangements.

£100,000+ bills for shared parenting cases going to court

Shared Parenting Scotland has revealed the “eyewatering” bills run up by parents who find themselves asking the legal system to settle shared parenting arrangements after separation or divorce.

The figures were uncovered in the charity’s 2024 annual survey of clients who have received its help in the past year.

13% of those who responded to the survey had faced costs of more than £100,000 in lawyers’ fees, court costs and professional reports such as child welfare or child psychology reports. A further 24% had spent more than £25,000. In all, more than 54% had spent more than £10,000. 

Parents who responded to the survey explained they had mortgaged their home and borrowed from family and friends to cover the costs. One had lost their home completely.

The survey also revealed that 22% said they were eligible for legal aid but were forced to pay as private clients because they could not find a solicitor to take on their case.

Ian Maxwell, national manager at Shared Parenting Scotland, says: “These are eyewatering sums. There must be a better way. Many of these individuals paying privately may have had their ex-partner funded by legal aid on the other side, so the total costs of their court case will be far greater than their own bills. Some report an impression that when their ex-partner receives legal aid they have no incentive to reach a negotiated settlement.

“It is unlikely that the general public – and maybe not all sheriffs – appreciate the high cost of ‘going to court’. Our preferred solution is to find ways of resolving disagreements about sharing the parenting of children after divorce or separation outside the adversarial approach of the courts, except for the minority of cases that raise points of law or difficult evidence.

“Jurisdictions around the world are exploring a ‘problem-solving’ approach that is less damaging to children, less costly, faster and doesn’t compel parents to attack each other to win time with their children.”

Positive results for Shared Parenting Scotland

Elsewhere in the survey, questions revealed positive results for parents who had contacted the charity:

‘What progress have you made since you first contacted Shared Parenting Scotland?’

• 58% report increased contact with their children
• 67% report experiencing less stress or anxiety themselves
• 21% have better communication with their children
• 20% have better communication with their ex-partner
• 22% have better communication with their children’s school

‘Which aspects of Shared Parenting Scotland support have you found useful?’

• 21% found attending a group meeting “life-saving”, and 46% very useful or useful
• 16% found contact with the helpline “life-saving”, and 66% very useful or useful
• 20% found meeting a staff member “life-saving” and 50% very useful or useful

Read more on this on the website.

Written by John Forsyth, Shared Parenting Scotland