Angry protesters at judges’ front door

Gatherings of fathers airing grievances over Family Court rulings ‘very disturbing’, says minister

Judges are being protected at their homes by police as angry dads protest outside with placards and megaphones. A group of fathers, many of whom are disgruntled at losing custody or visitation rights to their children, are gathering outside the homes of Family Court judges in Auckland, say multiple Herald sources.

The protests, which have largely taken place at weekends over the past few weeks against about three judges, are understood to have so far been peaceful with no reports of trespassing or property damage.

However, Minister of Justice and Courts Andrew Little called the protests “very disturbing” and said there was no excuse for people taking their case to the front door of a judge.

“I would not be . . . convinced by anybody who thought it was okay to target judges and their families in this sort of way,” he told the Herald.

“The reason for that sort of protest is to create some level of intimidation and that is entirely unacceptable.”

Little said there would be people who found the court process and its decisions distressing and upsetting, however there was no just cause to “attack judges personally” in a country governed by the rule of law.

Inspector Jim Wilson, the area commander for Auckland City police, said generally police did not provide personal information relating to specific individuals for privacy reasons.

However, he was aware of a situation where a group had been protesting outside the homes of “members of the community” and police were monitoring the situation.

I would not be convinced . . . it was okay to target judges and their families in this sort of way. Andrew Little, Justice Minister

“The act of protesting is not unlawful in itself, however if any member of the public feels threatened or intimidated by protesters we encourage this to be reported to police immediately,” he said.

Kirsty Swadling, the chairwoman of the family law section of the New Zealand Law Society, said she was also aware of and concerned about the protests targeting judges.

“It is disturbing that people are being threatened whether implicitly or directly in this way, including their families,” she said.

“We are also concerned about the effects of protests and any other security issues on court staff, psychologists and lawyers.”

She said it was the nature of family disputes requiring determination by

It is disturbing that people are being threatened whether implicitly or directly. Kirsty Swadling, NZ Law Society

the courts that there was generally a winner and a loser.

Ministry of Justice general manager for health, safety and security Melissa Gill said the court security team worked with police, Corrections, the judiciary and ministry colleagues to reduce risk and enhance the safety of those who worked in or visited the country’s courts.

However, for security reasons, she would not publicly discuss measures taken to address identified threats to specific people.

Chief District Court Judge JanMarie Doogue, also the acting Principal Family Court Judge, also declined to comment about the judges’ security situation.

While protests against the Family Court system have occurred in the past outside courthouses, including earlier this year in Whangarei, de- monstrations outside judges’ homes have been less common. Some have occurred at times after prominent cases or changes to the system.

Little said a third review into the Family Court had been ordered by the Government.

A review panel and expert advisory group would talk to families who had been through the Family Court process, he said, while he had also asked specifically for a “human rights approach” to look at the views of both parents and the children.

More details of the review are expected to be announced in the coming weeks.

Changes to the Family Court were introduced by the former National Government in March 2014, aimed at empowering families to resolve their matters outside court and without lawyers.

The reforms were also intended to help the Family Court focus on those cases which required immediate legal attention, such as those involving family violence.

Little said the review would evaluate whether the reforms had achieved their objectives.

In last month’s Ministry of Justice newsletter, Little also wrote: “Public confidence in the criminal system and family law has been eroded and a managerial approach has failed. We can do better, and we will do better.”

Swadling said there were “significant problems” introduced in 2014 when legal aid was removed and lawyers became unable to represent parties for some court processes.

“If protesters wish to be heard they would be best served by ensuring that they make submissions to the review panel rather than targeting particular individuals, especially judges who are unable, by convention, to defend themselves,” she said.

The Family Court is the secondbiggest division of the District Court, with Kiwis making about 60,000 applications a year in the court.

Its jurisdiction covers matters relating to separation, marriage dissolution, spousal maintenance and child support, care and protection, adoption, surrogacy, custody, abduction, domestic violence and disputes about property and estates.