Attending the Family Court is generally a traumatic experience for children and parents alike. Extensive reforms of the family law system last took place in March 2014. However, concerns were raised following those reforms as they resulted in negative impacts for children, parents and whanau.

Following a review in 2018, an independent panel identified the following key issues in the Family Court:

• The unnecessary delay of resolution through the court. It was discovered that on average a matter in the Family Court takes 245 days to be resolved.
• Insufficient level of support for parents, whanau and family. Information to assist parties in litigation was either inaccessible or of poor quality and there was limited access to state-funded legal advice and representation.
• The limited participation by children. Children were not able to voice their concerns or have their views heard. This resulted in children feeling isolated, lonely, anxious and stressed. 

In order to reduce delays, the new legislation reinstates legal representation in the early stages. Additionally, low income parents and whanau may be entitled to a financial benefit through legal aid, which should prevent them from either not proceeding with their case, representing themselves, or having to find the money to pay for a lawyer.

Family Justice Liaison Officers will be present in the Family Court to assist lawyers in ensuring parents, whanau and family members receive information on the best possible options available and provide them with help on how to navigate the system.

The new legislation also makes it mandatory for lawyers to explain the proceedings to children so they can understand what their role is in the process and how their views will be considered.

The current reforms hope to achieve positive results, and better access to justice for all individuals involved in the Family Court.

Feedback, comments and questions are always welcomed – please feel free to e-mail me on [email protected]

T: 03 443 0922

W: www.aspiringlaw.co.nz

Tiffany Joyce specialises in property law, business & employment law, and family law at Aspiring Law.

Please remember, this information is designed as a general guide, and should not replace specific legal advice on a particular issue.