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  • Why the Family Court Process is a Last Resort.@papaorg
  • By PAPAlogonobackground.png
  • Simon Cobb the founder of PAPA (People Against Parental Alienation)
  • 28/06/2025 Make a Comment
  • Contributed by: Daveyone ( 11 articles in 2025 )
Navigating family disputes can be tough, especially when it comes to custody and access to children.
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Family courts serve as a primary mechanism for resolving these conflicts, but increasing evidence suggests that the process can negatively affect children's wellbeing.


This article delves into why families should consider avoiding the family court system whenever possible, and instead explore healthier, alternative solutions.


If you are a parent currently going through family court, it is highly recommended that you join PAPA Plus and make use of our courses and other resources, including PAPA AI.





If you require direct assistance with your case, you can also book a call with PAPA here.


The Negative Effects of the Family Court Process on Children

Family court systems can create a high-conflict atmosphere that impacts children emotionally and psychologically.


Being in the middle of parental disagreements can leave lasting scars.


Let’s look at some of the significant negative effects on children's wellbeing.


Emotional Distress

The strain of family court proceedings often leads to heightened anxiety and stress for children.


According to a report by the National Society for the Prevention of Cruelty to Children (NSPCC), nearly 30% of children involved in custody disputes show signs of stress and emotional distress.


The uncertainty of court outcomes can make children feel vulnerable, influencing their performance in school and their relationships with friends.


Alienation from One Parent

Courts sometimes inadvertently contribute to children feeling alienated from one parent.


During hearings, parents may voice negative feelings about each other, which can alter how children view their parents.


A study published in the Journal of Child Psychology and Psychiatry found that up to 25% of children in high-conflict custody cases experience ongoing feelings of alienation, which can harm their self-esteem and future relationships.


Limited Time with Both Parents

Judicial custody agreements often impose strict schedules that may not cater to a child’s unique needs.


When courts dictate these terms, children frequently miss out on important activities with one parent or may be forced to adhere to a rigid visitation schedule that doesn't match their natural rhythms.


Research indicates that children who spend time with both parents have more balanced emotional well-being, suggesting that increased parenting time is crucial for their development.


The Stress of Legal Procedures

Family court processes can be intimidating, especially for young children.


The formal settings, legal jargon, and the stress surrounding courtroom hearings can bewilder and frighten them.


Many children may even experience increased reluctance to engage in family discussions moving forward, fearing that their voices could lead to more conflict.


Impact on Development

Long-term exposure to high-conflict situations—common in family court settings—can lead to emotional and psychological delays in children.


Children's development can be significantly impaired; studies have shown that children who undergo frequent parental conflict score lower in social and emotional skills, suggesting potential future difficulties in forming healthy relationships.


Why the Family Court Process is Not the Solution

Healthy coparenting is always preferable over the conflict involved with the family court process.


Given the potential impact of the family court process on both parents and children, it is vital to explore effective alternatives for conflict resolution before taking legal action.


Effective Communication and Mediation

Mediation is one of the most productive alternatives to family court.


In mediation, a neutral third party helps parents communicate more effectively, focusing on the child's needs rather than legal disputes.


Research shows that mediation helps resolve issues in over 65% of cases, leading to more amicable agreements.


Parenting Plans

Creating a clear parenting plan can significantly mitigate conflict.


This document outlines visitation schedules, how to communicate with each other, and the shared responsibilities of parenting.


Collaborative parenting plans foster consistency and stability for children, which is essential for their emotional wellbeing.


Parents who create these plans often find that they can work together more successfully, reducing the need for court intervention.


Therapeutic Resources

Family therapists and counsellors can help address underlying issues contributing to disputes.


Their support can lead to improved communication and resolution of conflicts, while also tending to the emotional needs of any children affected.


For example, children who engage in therapy show a 40% higher rate of emotional recovery compared to those who do not.


Encouraging Cooperative Parenting

Promoting a cooperative parenting environment benefits children immensely.


This can include attending workshops or joining support groups focusing on co-parenting skills.


Children thrive when they see their parents working together positively, despite past disagreements.


Informal Support Systems

Establishing a supportive network among extended family and friends can also be helpful.


Such a network provides emotional and practical assistance, reducing the burden on parents and creating a sense of stability for the child.


Data shows that children with solid support systems fare better emotionally and socially, leading to reduced behavioural problems.


Navigating the Family Court Process if Necessary

While avoiding the family court is ideal, sometimes it becomes unavoidable.


Sadly some parents would rather destroy their child's emotional wellbeing in order to exert control over the other parent.


Coparenting with self-interested parents like this is near possible and will need court intervention in order to protect the children's rights.


If you must proceed with legal action, here are some essential steps to take.


Prepare Thoroughly

Before attending court, gather all relevant documents.


This includes communication records, proof of your involvement in your child's life, and any previous court orders.


Being well-prepared can significantly impact how the judge perceives your situation.


Understand the Process

Familiarise yourself with how the family court works.


Knowing the procedures will help you feel less anxious.


Consider attending a pre-court orientation if it is available; this can help you understand court etiquette and what to expect.


At PAPA we have several excellent courses that explain the process thoroughly.


Focus on the Child’s Best Interests

Keep the focus on your child's best interests during the court process.


Instead of framing the situation as a contest between parents, emphasise your commitment to providing a stable, loving environment.


Your willingness to cooperate can strengthen your case.


Consider Legal Guidance

While you can represent yourself, having guidance can be advantageous.


At PAPA we understand the complexities of family law and can better advocate for your rights and your child's welfare.


We can make sure that all aspects of the situation are considered appropriately.


If you feel you need assistance you can join PAPA Plus to gain access to all of our courses, our PAPA Ai and 1-2-1 help, all included with your Plus membership.


Remain Calm and Composed

Emotions can run high during court proceedings.


Maintaining a calm demeanour is vital.


Demonstrating emotional stability in court can positively reflect on your character and suitability as a parent.


Approach the court with respect, focusing on your child’s needs.


Moving Forward

Family court can disrupt a child's emotional and psychological wellbeing, often resulting in distress and fractured relationships.


Parents should take a step back and explore various options before resorting to legal measures.


By prioritising open communication, mediation, and cooperative parenting, families can create nurturing environments for their children.


If you have tried to resolve your child's situation amicably but have been met with hostility to the point that you have to go to family court, know that this is not your fault and the fault lies entirely with the other parent.


In situations where legal intervention is necessary, thorough preparation and a focus on the child's best interests remain critical.


Ultimately, ensuring a child’s emotional health and stability should guide all decisions during parenting disputes.


By approaching conflicts collaboratively and seeking alternatives to court, parents can foster better outcomes for their children's futures.


In need of help or support?

If you are an alienated parent reading this article and feel you are in need of help and support then please make sure to join PAPA today by signing up here on our website.


This will give you access to our community support forum as well as our Resource Centre, which includes downloadable guides and on-demand courses to help through the process of being alienated and regaining contact with your children.


We also have our Facebook support group that you can join here.


Our Facebook support group has several dedicated chat rooms where you can get immediate support.


If you are a member of PAPA you can also send us a message here on the website and we will try to get back to you as soon as possible but please bear in mind, we have hundreds of messages weekly so it may take us a while to get back to you.


We are currently prioritising PAPA Plus members due to high demand.


Regardless of circumstance you are not alone and at PAPA we are here to support you.


Become a PAPA Ambassador

If you like our resources, articles and support networks and agree with what we stand for then why not get involved and help us push PAPA further by joining our Ambassador Program?


We would love for you to join us and help spread awareness for parental alienation and all of the dynamics involved so that we can continue to help parents and children towards a better future.


Our Ambassador Program allows you to grow your involvement with the cause by earning points on your membership.


To earn points we have created rewards for actions such as completing one of our courses, booking a case review, or ordering supply.


We will be adding new rewards and actions to our Ambassador Program as we continue to grow our awareness efforts.


We want our members to feel rewarded for their support as we continue to look for new ways to improve the lives of those impacted by parental alienation.


You can also become a PAPA Plus member, which will give you exclusive access to even more help and resources.


Each PAPA Plus membership makes a huge difference to the cause as it really helps us to improve our services and our awareness campaigns.


Proceeds from memberships and supply allow us to push the cause much further towards raising awareness and improving our services and resources so that we can continue to help more and more parents and children.


Thank you for reading and for your continued support of PAPA and our mission to end parental alienation.

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