Nelson Mail

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

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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.

 ?? Andrew Little ??
Andrew Little

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