The family courts in England and Wales are facing unprecedented strain. Delays are frequently exceeding six months before a case even reaches a First Hearing Dispute Resolution Appointment, leaving parents and children caught in uncertainty for too long. This growing backlog does not just create inconvenience, it also heightens conflict, inflates costs and prolongs instability for families who urgently need clarity. In this case, child arbitration is emerging as a powerful but often overlooked solution.

What is Child Arbitration?

Child arbitration is a process whereby parents appoint an independent specialist, usually an experienced barrister or a retired judge as an arbitrator, to resolve specific issues concerning the children. Instead of waiting for overstretched courts timetables, arbitration allows the parents to take control. They can choose the arbitrator, agree a timetable and receive a legally binding decision, known as a ‘Determination’.

Arbitration can be used for most private law children disputes, including decisions about where the child lives, how much time they spend with each parent, schooling issues and medical decisions. It cannot, however, be used for cases involving international removal or return where jurisdiction is in question, disputes involving non-Hague countries, or any situation where there are significant safeguarding concerns. Where those issues arise, court intervention remains necessary.

Why Should we be Considering this?

One of the greatest advantages of child arbitration is the speed. Families can often obtain a decision within weeks, rather than years. The process is conducted in a less adversarial manner than court litigation, often seeing the parties’ conduct more mature. This environment helps reduce tension and supports parents into reaching a resolution that is fair and child focused. Another benefit is the continuity. As the same arbitrator remains involved from start to finish, families are given somewhat more consistency than the court system’s frequent judicial changes and various judges throughout proceedings.

Arbitration also offers a level of flexibility that courts simply cannot match. Parents have control over dates and even the style and format of meetings, whether they prefer a formal hearing or more conversational. This adaptability aims to create a calmer and more child focused environment to a court room. The arbitrator can also adopt a more inquisitorial role, asking questions to uncover what is in the child’s best interests as opposed to parties giving formal evidence.

Although arbitration does come at a cost, when looked at together with the costs of prolonged court and solicitor involvement, delays and potential widened issues, greater and unexpected costs can be avoided.

How the Process Works for Child Disputes

Starting arbitration is straightforward. Parents can begin the process without entering the court arena at all, or if proceedings have already begun, the case can usually be stayed to allow arbitration to take place. Once the necessary forms are completed and background information such as DBS checks or other relevant documents are provided, an arbitrator can then be chosen by either the parties or through the Institute of Family Law Arbitrators.

An important aspect to note in child arbitration is that the parties must identify the specific issues they wish to be determined. There is little scope for widened issues to arise and the arbitrator will only focus on those specific issues set out by the parties before commencement.

Once a Determination is made, it can be submitted to the court either as part of an existing case or with a fresh application if no proceedings exist. The court will normally endorse it unless there is a clear welfare reason not to. A Determination can be challenged, but these must be made formally to the court.

A Path Forward for Families

Despite its benefits, child arbitration remains significantly underused. Families tend to be unaware that it even exists, and legal professionals do not tend to forget to advise it as a first alternative for dispute resolution. With the family courts busier than ever and delays becoming greater, now is a critical moment for arbitration to be embraced as an important alternative route to resolving children’s disputes.

Families need timely decisions. Children need stability. The courts need relief. Arbitration in private children disputes offers a practical, effective and compassionate way forward at a time when this area needs alternatives that prioritise the welfare of children.