@Starrynight468 because of fear.
For those to who haven’t been to court, they ‘manage’ the ex and situations around the children because they don’t want things to escalate.
Also, because (despite what many flippant posters come on here and post ‘why doesn’t your useless husband take her to court and get proper access sorted?’) court is expensive, stressful and pretty horrific for the children. 9 times out of 10 if a NRP is dealing with a RP the other side who could ‘flip’/ or whom shows signs of being slightly high conflict, the court route only escalates things.
Firstly, IME (and this is wider than just my partner), it never just costs ‘a few hundred pounds’ for an application.
Why? Because by the time the application is listed and a hearing scheduled, the RP’s who mean business will submit a statement giving their reasons for stopping contact. The NRP hit the child. The child is scared and doesn’t want to go. The NRP is abusive. The SP is abusive. The child only wants daytime contact, not staying contact. The list is endless (and the above are minor examples). It goes without saying that the allegations can be far more extreme than the above.
The minute the above happens, a court is highly likely to say an investigation is needed. Cue Cafcass being introduced. Cafcass can interview the children, schools, parents (yup, when step parents), anyone they wish around the child.
This may then progress to a fact finding hearing where there is more prep (statements/ bundles) - by this point if anyone has a pot to piss in they have had to hire legal representation.
Then there are final hearings. Where a judge sets a CO.
All of the above fuels conflict between the parents. The children being interviewed is stressful and heartbreaking for them, 9 times out of 10 it’s highly likely there is some parental pressure being applied in the background.
It’s expensive, if you’re defending your core reputation (and some of the allegations could become criminal allegations in civil courts), you hire good legal representation. This can easily run into tens of thousands of pounds.
Then comes a court order, in black and white stating when an NRP can see/ speak to their children. Outside of that, no contact. Advice is given, never deviate from the CO.
Then the kicker? The family court hearings are sealed. So whatever has been ‘alleged’ behind closed doors - however vile and unfounded. Even if a parent is cleared of all allegations, think there are any repercussions that the parent who made them faces? No is the answer.
Even where findings are made (and if a judge goes as far as to say on the basis on the evidence in front of me, I don’t believe this happened…I.e it’s a false allegation), nothing happens to the parent making that allegation. Ultimately there is no proof that the parent is lying and even if there is, to pursue civil action outside of the family court is advised against as the family court judges will view that as inciting conflict and it not being in the best interests of the children.
So thats why so many NRP’s live like this. This is not as rare as people think. It is now become commonplace / a daily occurrence that family courts investigate allegations that could result in criminal prosecutions. Police and family judges are very aware of the higher level of allegations when child contact proceedings are taking place. Sad but true.
So if you are a NRP and you can avoid the extreme version of the above happening, why would you go to court?
I’ll add, court orders can be breached. It then takes another application and another wait for it to be heard. What happens to the parent breaching? First few times? Nothing. Aside from a ‘don’t do it again’. It’s a joke.
Then, having got the court order, the next set of issues appear once a parent invokes ‘child wishes’. So once a child reaches a certain age. Stating that the parent (or a court) cannot make a child go for contact.
So even with a court order, nothing is secure. Once one party shows their lack of support for the other parent, it’s a shit show. The question is how much of one it becomes.