Appendix 1 Interview guide

We are carrying out research for the Department for Courts in relation to characteristics or criteria that could lead to the early identification of complex Family Court custody cases.

These are cases that are of long duration and involve a lot of interaction with the Family Court. They make heavy demands on judicially ordered professional services, take up court time and incur legal costs for the parties.

We are talking to Family Court Judges, Family Court staff, lawyers and specialist report writers and would like to talk to you about your experience with complex custody cases.

The focus of this research is on identifying potentially complex Family Court custody cases, rather than on how to manage those cases once they have been identified.

  1. What in your view are the main characteristics of complex custody cases?
  2. Can you comment on how those characteristics contribute to case complexity?
  3. Are there any other characteristics that contribute in your experience?
  4. Could you rank the most important characteristics for me?
  5. Finally, can you suggest ways in which the Courts might identify custody applications that are likely to be complex?
  6. Is there anything else you would like to add?

Thank you for your time.

Interviewer guide

We are carrying out research for the Department for Courts in relation to characteristics or criteria that could lead to the early identification of complex Family Court custody cases.

These are cases that are of long duration and involve a lot of interaction with the Family Court. They make heavy demands on judicially ordered professional services, take up court time and incur legal costs for the parties.

We are talking to Family Court Judges, Family Court staff, lawyers and specialist report writers and would like to talk to you about your experience with complex custody cases.

The focus of this research is on identifying potentially complex Family Court custody cases, rather than on how to manage those cases once they have been identified.

1. What in your view are the main characteristics of complex custody cases?

Can you comment on how those characteristics contribute to case complexity? Other prompts: When or in what circumstances does that become a factor; what other things influence that?

2. Are there any other characteristics that contribute in your experience?

Then say: Some people have also identified these characteristics as relevant. Have you any comments on how significant they are? (Go through checklist, mentioning any that have not already been covered):

  1. Personal characteristics
    • ethnicity
    • unemployment
    • criminal convictions
    • substance abuse
  2. Financial factors
    • wealth, legal aid
  3. Psychological factors
    • entrenched attitudes
    • unwillingness to compromise
    • mental health issues
  4. Interpersonal factors
    • high levels of conflict with other party
    • distrust
    • child support payment issues
    • conflict over shared property
  5. Court factors
    • large volume of affidavits
    • previous complex case involving either or both of same parties
    • previous substantive affidavits
    • allegations of violence or abuse
    • ex parte custody order applied for
    • notice of defence or cross application
    • self represented litigants
    • explicit refusal or failure to attend counselling
    • multiple parties, extended family etc
    • changes of counsel
    • nature of counsel, junior or senior
    • the approach of the judge
  6. External factors
    • police involvement
    • CYFS involvement
    • other agency involvement

6. Now that we have identified the whole range of characteristics, could you rank the most important ones for me?

7. Can you suggest any ways in which the Courts might identify custody applications that are likely to be complex?

8. Is there anything else you would like to add about complex cases?

Thank you for your time.

Document Actions