Fotoulla Menikou, Family Law Partner at Excello Law, wrote for Today’s Family Lawyer about how people’s online habits are “influencing client behaviour, litigation conduct and expectations”.
It is now more common for clients to begin a family law case with preconceptions about gender roles and perceptions of systemic bias that have been shaped by their consumption of social media and other online content. “This presents an emerging challenge for family law practitioners that often goes unrecognised,” Fotoulla notes.
Because clients going through a separation or a dispute over child arrangements may have developed a “simplified or polarised” understanding of how family law proceedings work, it can be more challenging to set expectations from the outset.
Those who are coming into the process with deep-rooted ideological viewpoints may be less likely to compromise and more likely to be adversarial and refuse to engage in methods of alternative dispute resolution. Given judges and practitioners alike are very keen to encourage those methods, not least to free up space in the oversubscribed courts, this trend is a worrying one.
How can practitioners meet this challenge?
Fotoulla highlights the need for a careful and considered approach when managing these evolving dynamics. This may require gently challenging assumptions shaped by external narratives, while maintaining trust and grounding discussions in legal reality.
In practice, this may include:
> Prioritising incremental progress, with clear boundaries and consistent messaging around proportionality and outcomes.
> Acknowledging the influence of external narratives, without reinforcing them, while translating legal principles into clear, situation-specific guidance.
> Maintaining clear, steady communication to reduce escalation and support constructive engagement over time.
Fotoulla Menikou
Fotoulla is a specialist family law partner, advising on all aspects of private family law matters. Extremely passionate about the work she undertakes, she is dedicated to achieving the best possible outcome for clients whilst preserving vital family relationships. The wellbeing of Fotoulla’s clients is of paramount importance to her.
Based in Essex, she provides expert family law advice to clients across England.
