New review coming to improve clogged Family Court system
Those who work in the family court system and those who have been caught up in it say it’s time for change. In our Broken Families feature, Stuff reporters Hannah Bartlett and Stu Hunt take a look at the differing views of those individuals caught up in t
Parental alienation, years of court battles, and families locked in adversarial back-and-forth – welcome to the Family Court.
Since reforms to New Zealand’s Family Court were introduced in 2014, stories have emerged about a clogged system that inflames already-tense situations due to delays, applications that put parents on the back-foot, and a lack of legal advice for many trying to navigate the system.
Justice Minister Andrew Little is, within the next few weeks, expected to announce both the terms of reference and who will form a review panel to carry out a review of the Family Court, and its most recent reform.
‘‘The principal concern that has been brought to my attention is the delay in getting final orders between separated couples and children,’’ Little said. ‘‘There are some children, in the worst cases, who have been waiting for well over a year before their care and custody arrangements have been settled.’’
He said underneath that core concern is a system where parents have difficulty getting legal representation in court.
‘‘One may be represented, the other may not be, and the applications that are being made to the Family Court, 70 percent are on the ‘without notice’ track. A lot of that is about getting in front of a judge quickly and then qualifying for legal aid, to get legal representation.’’
‘‘Without notice’’ applications were designed for situations involving allegations of domestic harm or abuse and a threat to the safety of a parent or children, and allow a quick decision to be made by a judge based on information provided by one party.
However, Little says that they’re now being used, in many cases, by parents who merely want to access lawyers. Filing a standard application means they have to, as of 2014, stand in court as selfrepresented parties.
‘‘It just seems to me the system doesn’t seem to understand that, in a situation like this, it’s actually beneficial for both parents to get access to legal representation reasonably easily, so these things can be sorted out much more quickly and shouldn’t have to go through the sometimes provocative path of a ‘without notice’ application, which can put one party at least on the back foot.’’
Former Family Court Judge Oke Blaikie, who sat in Dunedin, said during his time presiding over custody proceedings, trained Family Court lawyers were essential.
‘‘From a judge’s point of view, having someone who is selfrepresented is very difficult,’’ he said. ‘‘When you’ve got two not represented, it’s very hard for a judge because a judge then needs to decide how involved he or she needs to get, to get information or evidence.’’
While not everything had always gone ‘‘swimmingly’’ during Judge Blaikie’s time, he had found the lawyers to be vital in encouraging a conciliatory approach – their statutory duty according to the Family Court Act 1980.
Little’s review will look specifically at the issue of access to advice and representation, as well as other aspects of the Family Court that have yet to be announced. Little said beyond the strain on the system, he was particularly concerned about the impact delays had on children who were left in limbo as parents battled in court.