Immigrant families in the Family Justice System

Immigrant families are increasingly common: one in three children born in the UK in 2023 had at least one foreign born parent. Separation and divorce involving immigrant parents is correspondingly on the rise, and parliamentarians and third sector organisations are raising the alarm about the unique vulnerabilities of immigrants in the family justice system. For these families, separation from a partner may lead to loss of the right to reside or work in the UK, separating immigrant parents from their children. Immigrants are often less knowledgeable about UK law and may struggle to advocate for their rights. Being far away from family and friends, they may be less able to rely on social ties for help during separation, and thus need greater support. Using interviews with separated parents, mediators, family and immigration lawyers, judges, and third sector organisations in England, this project will provide new evidence on how both the immigration and the family justice system can improve outcomes for separating immigrant families. We examine immigrant family journeys before, at, and beyond their interactions with the family justice system, documenting challenges, but also mapping sources of support and identifying best practices from experts with wide ranging experience. We will work closely with a well-connected advisory board to ensure that the results of our study will inform legal practice, immigration and family policy, and be used in collaboration with third sector organisations to improve services and support for separating immigrant families.