Family Court

The focus of this research was on identifying characteristics of complex or potentially complex cases in the Family Court. During the course of the interviews, a number of participants made suggestions for managing complex cases once they have been identified. These are presented below without an assessment of their merit or relevance.

Managing court processes

1. Educating parties about the process

The Courts could be doing more in way of education about the process. All court staff should be involved but they need training. The training should cover things like the separation process, stages, what to expect, how to manage.

Early education of people within the Court system is essential. They used to have videos in Court. They could reinstate that, or say that parties have to talk to the Family Court Coordinator about what happens in the Court, the stages it goes through, why and when.

2. Case management within the Court

Appoint a resource panel for the Family Court to support the Family Court Coordinator. The panel could help identify complex cases to put on case management, fast track, etc.

Judges need to manage cases where there are litigants in person. They could maybe not give them a 3-day hearing; they could have a half-day hearing on submissions as would happen with lawyers.

Case management of difficult cases is essential. More and more judges have a directive approach, going for early intervention, e.g. Rolls Royce counselling early on. Judges need to clarify issues for the counsellor and give them clear directions as to what is to be covered in counselling.

Good case management could be judicial management. They could employ lawyers in the Court to assist judges. We need a Court registrar who can deal with interlocutory cases, e.g. access, discharge of order. This would take pressure off judges. They could even employ a Court psychologist.

Maybe if had a hearing with the issues identified and that was child-focused early on could reduce no of complex cases. Some cases linger too long before getting before a judge.

Some participants believed that identification of potentially complex cases could lead to selective allocation, particularly where there were allegations of sexual abuse or mental health issues. Participants suggested:

Training all or some case managers in mental health issues.

Use selected case managers where there are sexual abuse issues.

3. Other Court-related issues

Need for interpreters, cost. Should staff who speak other languages be expected to be interpreters on top of their other roles?

Involvement of counsel or Counsel for the Child

Pick experienced and appropriate Counsel for the Child.

Extend Counsel for the Child brief so that they can make early submission in complex cases

Early appointment of Counsel for the Child, going to a mediation conference to sideline counsel who don't advise their clients appropriately, or who use the court to fight with each other, firing off affidavits and arguing in court or going for a hearing are all good strategies.

With entrenched parties with counsel who are not experienced at moving things along can appoint Counsel to Assist.

Counsel need training in how to recognise complex cases and manage them. The people who need to come to training of course never come - should they be on the list?

Courts can only act on data provided. Counsel could fill out checklist e.g. how long since separation; any psychological needs; mutual separation or not; any allegations made. Would focus counsel as well.

Other issues

Train judges in mediation. Some judges are very good at mediation, others don't like it or are not good. Only those who have received training should do it. When assigning judges to cases, perhaps their preferences could be considered.

It would be useful if the Guardianship Act explicitly allowed report writers to cover parental issues as they can under CYFS.

S.9 and S10 referrals have no information on what the counsellor should be looking at e.g. grief, what the children need. Should have much clearer instructions.