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Why a Mandatory Checklist Matters

  • Deanna Newell
  • Apr 3
  • 3 min read

For Children, Families, and the Public


Introducing a Family Court Transparency Checklist at the first hearing is not just procedural reform.


It is tackling:-


  • Better decisions

  • Faster resolution

  • Reducing pressure on the courts

  • Protecting public funds

  • Delivering safer outcomes for children


Because right now, when cases begin without structure, they often drag on without clarity.


And that comes at a cost, to everyone.


The Cost of Getting It Wrong


When key facts are not established early:-


  • Cases take longer to resolve

  • Hearings are repeated

  • Professionals are re-instructed

  • Conflict escalates


This increases:-


  • Emotional harm to children

  • Financial strain on parents

  • Pressure on an already stretched court system

  • Cost to taxpayers funding prolonged proceedings


Delays are not neutral. They actively harm children and waste public resources.


What the Court Is Not Currently Required to Examine


In many private law children cases, there is no mandatory requirement to establish:-


  • Who controlled finances during the relationship

  • Whether one parent was left financially vulnerable

  • The full financial picture — including assets, housing, pensions, and savings

  • Whether child maintenance reflects the real economic situation

  • The true balance of caregiving before and after separation


Without this foundation, courts are often working with:


Partial information. Delayed evidence. Competing narratives.


The Risk of Proceeding Without Facts


When courts do not have full visibility from the outset, they risk:-


  • Missing economic abuse affecting children’s welfare

  • Misinterpreting coercive or controlling behaviour

  • Confusing conflict with risk — or risk with conflict

  • Making decisions without full context


This is not about individual failings.


It is a structural issue in how cases begin.


Even with the legal duties under the Children Act 1989 and the recognition of economic abuse under the Domestic Abuse Act 2021, there is still no routine, structured financial assessment at the start of proceedings.


What the Checklist Must Include


A mandatory Transparency Checklist would require:-


  • Full financial disclosure (income, assets, pensions, savings, debts)

  • Identification of financial control (joint accounts, restricted access, economic dependence)

  • Post-separation financial reality (housing, stability, access to resources)

  • Child maintenance reality (payments, consistency, real impact on the child)

  • Clear record of child arrangements (including overnight care patterns)

  • Parenting roles (before and after separation)

  • Child-specific needs (education, health, SEND, emotional wellbeing)


This is not an added burden.


It is essential context for safe decision-making.


Why This Changes Everything


A structured, evidence-based checklist would:-


  • Expose hidden financial and power imbalances

  • Identify economic abuse earlier

  • Reduce misuse or misunderstanding within proceedings

  • Support faster, more accurate judicial decisions

  • Reduce repeat hearings and delays

  • Lower costs to the court system and taxpayers


It would also help courts clearly distinguish between:-


  • Genuine safeguarding concerns

  • Normal post-separation conflict

  • Complex cases involving financial dynamics


The Outcome: Better Decisions, Less Cost, Stronger Protection


Without transparency:-


  • Critical details are missed

  • Cases are prolonged

  • Conflict deepens

  • Public money is repeatedly spent on unresolved issues

  • Children live in uncertainty


With transparency:-


  • Decisions are grounded in fact, not assumption

  • Risks are identified earlier

  • Cases are resolved faster

  • Outcomes are more consistent and fair

  • Taxpayer-funded resources are used efficiently


What We Are Asking For


We call on the UK Government and the family justice system to:-


  • Introduce a Mandatory Family Court Transparency Checklist

  • Require evidence-based disclosure at the first hearing

  • Recognise economic and financial abuse as central to child welfare

  • Provide training and resources for consistent implementation


Final Line


Better information leads to better decisions.


Better decisions lead to better outcomes.


And better outcomes mean: Safer children, stronger families, and a system that works, not just in principle, but in practice.

 

Deanna Newell Family Law

Advocacy for truth-tellers, survivors, and the children who deserve better

 
 
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