2.0 Methodology
The study was qualitative in design, with data gathered through interviews and group discussions with individuals in selected court areas.
The research design also included a brief a literature review.
2.1 Literature review
The Department for Courts supplied some material for review. The researchers identified other references through Internet searches, and ProSearch, the professional search service of the Wellington City Library, undertook a search of relevant databases. The various searches identified only a small amount of relevant material additional to that supplied by the Department. The literature review contributed to the development of a checklist of potential characteristics of complex cases that became part of the interview process.
The literature review is included in the next section. The bibliography appears at the end of the report.
2.2 Research sites
The sample was based on the four court regions, using the clusters within those regions as the sampling base. The clusters chosen for the research were:
Northern Region Manukau, Waitakere, Whangarei
Central Region Wellington, Porirua, Masterton
Waikato Region Tauranga and Whakatane
Southern Region Christchurch, Invercargill, Gore.
This selection of courts includes large and small courts, courts in rural, provincial and urban areas and courts in areas with a diverse population base.
2.3 Key informant interviews
Interviews or group discussions were held with a range of key informants who are involved with Family Court custody cases from a number of different perspectives.
Interviews were completed with 11 Family Court Judges, 33 Family Court staff, 9 CYF solicitors, 22 lawyers and 11 specialist report writers.
The 'interview' with one judge was completed through an exchange of emails because he was going on leave. All but one of the interviews with Family Court staff were completed as a group discussion. Three CYF solicitors took part in a group discussion, the remaining 6 were interviewed individually. One interview with a lawyer was completed by telephone, as he would not otherwise have been available to talk with the researchers. Three were interviewed as a group at one of their regular meetings. Five specialist report writers were interviewed as a group; the remainder were interviewed individually.
All informants were asked to:
- identify the main characteristics of complex custody cases
- comment on how those characteristics contribute to case complexity
- note any other characteristics that contribute in their experience
- rank the most important characteristics
- suggest ways in which the Courts might identify custody applications that are likely to be complex.
The interview questions that were sent in advance to all participants and the interviewer guide used by the interviewer are included in Appendix 1.
2.4 Data analysis
The interviews have been analysed as a whole to give an overview of the main themes and issues under each of the research questions. The report also identifies points of agreement and difference between groups who have different roles in the process e.g. judges, lawyers and Family Court staff. Information has also been analysed by type of court including region, size, homogeneity/heterogeneity of the population, urban/rural distinctions.
The focus of the research was on identifying potentially complex custody cases in the Family Court, rather than on how to manage those cases once they have been identified. Nevertheless, a number of participants did suggest ways in which the cases might be managed, as opposed to being identified, and these suggestions are included as Appendix 2.
