How to survive Family Court
KATRINA SMITHSON draws on her experience of a family separation through the Family Court in her book The New Zealand Family Court Survival Guide. Most people don’t get to really understand the Family Court process, she says, until after they have spent several years in the system, by which time it’s often too late to make a different decision about how to negotiate their separation or divorce. A key aim of this book is to give people insight into that process before they begin. We asked Katrina some questions:
What inspired you to write this book?
To help people learn to run their cases in a more efficient way that will save them time and money, while continuing to be great co-parents for their kid even though they are opposing each other in court.
Do you think there will be an increase of family breakups after Covid-19?
I do unfortunately, as Covid-19 has likely put extra pressure on families financially and money can be one of the biggest causes of arguments or conflict within a family.
Mental health is another area of concern within families as people may be suffering with the difficulties of isolation, border lockdowns, lack of space or respite during lockdown, the challenges of schooling children remotely from home, and worrying about what the future holds. However, NZ does have a lot of things going for it that will offset those risks, not least of which is the importance placed by Kiwis on community and extended family , which can act as a pressure valve.
Would you like to help people going through a separation or divorce to be able to settle out of court if possible?
There is potential for many people to resolve matters between themselves via mediation. However this may not be appropriate in cases where there is a marked power imbalance between the parties, if one or both parties is hiding assets, or if family violence is an issue. In those types of cases, litigation via the Family
Court might produce a better outcome.
Mediation can be quicker and cheaper than litigation. You can schedule sessions at times that suit you, and you can get creative with possible parenting solutions. Also, you are not giving up control over the outcome of your case which you do when you ask the court to decide matters for you. However, both parties need to be willing and able to negotiate fairly.
Do you feel mediation is a good resource prior to or during a breakup?
Yes, mediation can help to open lines of communication, it can help to clear up misunderstandings and it can help people to see things from the other person’s — and their children’s — point of view. Mediation does not seek to say who is right or wrong but it can help you to come up with workable solutions. The more things you can agree on outside of the courtroom, the fewer things that you may need to ask the court to decide for you.
What are some key tips you could give on how to save money on legal fees?
■ Be clear on whether the written quote you receive from your lawyer at the outset includes the cost of legal representation up to and including a potential two- to four-day final hearing/trial. Also, does it include the cost of a barrister to represent you in court?
■ Your lawyer is not your therapist. If you call your lawyer to complain about every little thing, your legal costs will soar.
■ Be well organised and professional about managing your case. Keep complete and accurate records, take notes at and have an agenda for meetings, maintain a to-do list of what your lawyer wants you do, and . . . do your own background reading on family law. The more efficient you are in your dealings with your lawyer the less time you will be charged.