Headline: Court reforms likely to drag out disputes
A revamp of the Family Court system has been motivated by cost-cutting and is likely to make the process more difficult for vulnerable partners and children, Labour’s Justice spokesperson Andrew Little says.
“The Family Court Proceedings Bill limits the role of lawyers in giving advice to separating couples, requires couples to go through a private mediation process without representation and denies separate representation for children.
“The new family court processes assume people going through a separation all deal with it rationally and sensibly and need little assistance as they make far-reaching arrangements for them and their children, but that’s not the reality for most.
“At the moment up to 85 per cent of family disputes are settled without the involvement of a judge because parties to the dispute are represented throughout the process, not just for an hour or so before mediation.
“Couples will now have to pay $900 for the private mediation process – possibly more if a judge orders the couple to go back to mediation – and if it fails they will then have to meet the cost of court action.
“If people aren’t sure about the agreement they are being asked to sign up to in the new mediation process they won’t agree to it, and will end up in court, thus costing more court time.
“The new law does nothing to deal with the issues of court delays and the small number of obstinate and difficult parties.
“Labour will review this legislation in government and make sure we have a family court fit for the name – focussed on ensuring couples and children have all the necessary support to settle their family issues.”
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