Child Participation: Overcoming Disparity between New Zealand’s Family Court and Out-of-court Dispute Resolution Processes

2017 ◽  
Vol 25 (3-4) ◽  
pp. 658-671 ◽  
Author(s):  
Nicola Taylor
Keyword(s):  
New Zealand ◽  
Dispute Resolution ◽  
Justice System ◽  
Research Evidence ◽  
Family Court ◽  
New Family ◽  
The Family ◽  
Major Reform ◽  
Children’S Views ◽  
Resolution Processes

This article considers children’s right to participate in the context of private law disputes concerning their post-separation, day-to-day care and contact arrangements. In New Zealand the approach to ascertaining children’s views has been both long-standing and systematic for contested proceedings within the Family Court (via children’s legal representatives and judicial meetings with children). However, major reform of the family justice system in 2014 shifted the emphasis to new out-of-court processes for resolving post-separation parenting arrangements. The reforms were disappointingly silent on the issue of children’s participation in the new Family Dispute Resolution services, particularly mediation. A disparity has thus arisen between opportunities for children’s engagement in New Zealand’s in-court and out-of-court dispute resolution processes. Research evidence and international developments in Australia and England and Wales are reviewed for the guidance they can offer in remedying this in New Zealand and elsewhere.

scholarly journals The Appropriateness of Conciliation/Mediation for Sexual Harassment Complaints in New Zealand

1997 ◽  
Vol 27 (4) ◽  
pp. 585
Author(s):  
Claire Baylis
Keyword(s):  
Human Rights ◽  
New Zealand ◽  
Sexual Harassment ◽  
Dispute Resolution ◽  
Employment Contracts ◽  
Human Rights Act ◽  
Resolution Processes

In this article, Claire Baylis examines the statutory models of mediation/conciliation in the Human Rights Act 1993 and the Employment Contracts Act 1991 which are used for sexual harassment complaints. She argues that the practice of mediating these complaints is inappropriate due to the incompatibility of the cha585he specific characteristics of most sexual harassment complaints. Further, an analysis of the actual dispute resolution provisions under the Acts raises other issues in the sexual harassment context. Finally, the author outlines some possible reforms to dispute resolution processes in this area.

The Child’s Guardian – Listening and Giving Weight to Children’s Views

2018 ◽  
Vol 26 (1) ◽  
pp. 117-135 ◽  
Author(s):  
Helen James ◽  
David Lane
Keyword(s):  
Child Protection ◽  
Justice System ◽  
Protection System ◽  
Review Panel ◽  
England And Wales ◽  
The Family ◽  
Research Findings ◽  
Children’S Views ◽  
Meaningful Relationships ◽  
Insight Into

Both the child protection and public child law systems assume a child-centred approach is at the heart of their work with children. That assumption is based on what are considered child-centred principles, which are enshrined in legislation in England and Wales in the Children Act 1989, mainly the principle of paramountcy of the child’s welfare in Section 1(1) and the principle of no delay in Section 1(2), in relation to the completion of proceedings ( hm Government, 1989). However, comprehensive reviews of both the child protection system (Munro, 2011) and the family justice system (Family Justice Review Panel, 2011), along with research findings (Cappleman et al., 2013) present a picture that challenges this assumption. Increasingly, the focus on the child’s life and welfare is hampered by a lack of time and resources available to professionals such as Guardians to enable them establish a meaningful and trusting relationship with the child in order to gain insight into and an understanding of the child’s world from the child’s perspective. The child appears to be very much on the periphery of a system that lacks real connectedness with the child and their view of their situation and circumstances. Such a level of connectedness can only be achieved by providing children with space and time to develop trust in and meaningful relationships with those whose duty it is to represent their true wishes and feelings and give due weight to the child’s perspective.

scholarly journals Data Resource: population level family justice administrative data with opportunities for data linkage

2020 ◽  
Vol 5 (1) ◽  
Author(s):  
Rhodri David Johnson ◽  
Liz Trinder ◽  
Simon Thompson ◽  
Jon Smart ◽  
Alexandra Lee ◽  
...  
Keyword(s):  
Administrative Data ◽  
Justice System ◽  
Data Linkage ◽  
Population Level ◽  
Family Court ◽  
Children And Families ◽  
Research Opportunities ◽  
Observatory Data ◽  
The Family ◽  
Outcomes For Children

Introduction Better use of administrative data is essential to enhance understanding about the family justice system, and characteristics and outcomes for children and families. The Nuffield Family Justice Observatory Data Partnership supports this aim through analyses of core family justice datasets. When a child is involved in family court proceedings in Wales, Cafcass Cymru are employed to represent a child’s best interests.  This paper provides an overview of the Cafcass Cymru data, and linkage to population level health and other administrative datasets held within the Secure Anonymised Information Linkage (SAIL) Databank. Two data linkage example analyses are described. Further research opportunities are outlined. Methods Cafcass Cymru data was transferred to SAIL using a standardised approach to provide de-identified data with Anonymised Linking Fields (ALF) for successfully matched records. Three cohorts were created: all individuals involved in family court applications; all individuals with an ALF allowing subsequent health data linkage; and all individuals with a Residential Anonymised Linking Field (RALF) and Lower Super Output Area (LSOA) enabling area level deprivation analysis. Results Cafcass Cymru data are available containing 12,745 public law applications between 2011 and 2019, with 52,023 applications from 2005 to 2019 for private law. The overall match rate was 80%, with variations observed by time, law type, roles, gender and age. Forty per cent had hospital inpatient admissions 2 years prior or after application receipt at Cafcass Cymru, of which 27% were for emergency admissions; 54% had an emergency department attendance and 61% an outpatient appointment during the same period. Individuals involved in public or private law applications were more likely to reside in deprived areas. Conclusion The Nuffield Family Justice Observatory Data Partnership will enhance research opportunities to better understand the family justice system and outcomes for children and families. Population level Cafcass Cymru data can be accessed through the SAIL Databank. Forthcoming data acquisition will also facilitate further analyses and insight.

scholarly journals Using The “Family Violence Flag” To Better Identify Harm Within Families

2021 ◽  
Author(s):  
◽  
Mereana White
Keyword(s):  
New Zealand ◽  
Family Violence ◽  
Justice System ◽  
Evidence Base ◽  
Intimate Partner ◽  
Criminal Record ◽  
The Family ◽  
History Of ◽  
Detrimental Impact

<p>This thesis looks at how the identification and recording of family violence offending in the criminal justice system could be improved. In doing so it examines s 16A of the Criminal Procedure Act 2011, which was introduced in 2019 to ensure “family violence offences” are identified as such on charging documents and on the offender’s criminal record. This provision is known operationally as the “family violence flag”. The role of the family violence flag in relation to risk assessment is considered, particularly its ability to reveal a perpetrator’s prior family violence offending. Research has shown that a history of family violence is the most consistently identified risk factor for intimate partner lethality and risk of re-assault. The potential of the family violence flag to improve the evidence-base of family violence offending in New Zealand is also considered, which is important given the prevalence and detrimental impact of family violence in New Zealand. Analysis suggests that despite its recent introduction, changes could be made to s 16A to increase its utility. Accordingly, reform options to s 16A are proposed to better achieve the policy intent of the family violence flag, strengthening both its application and subsequent use.</p>

scholarly journals Bill Atkin: A Fierce Defender of Children's Rights and Proponent of Child-Focused Legislation

2015 ◽  
Vol 46 (3) ◽  
pp. 591
Author(s):  
Mark Henaghan ◽  
Ruth Ballantyne
Keyword(s):  
Child Support ◽  
Family Law ◽  
Well Being ◽  
Family Court ◽  
Physical Discipline ◽  
Court System ◽  
The Family ◽  
Legislative Reforms ◽  
Children’S Views ◽  
Made In

This article illustrates the different ways in which Professor Bill Atkin has shown where family law legislative reforms have fallen short in making the rights and well-being of children the paramount consideration in family law disputes, and properly taking account of children's views on matters that affect them. It examines Atkin's thought-provoking analysis of the introduction of the Care of Children Act 2004 and the changes made in recent years to the Child Support Act 1991, the Property (Relationships) Act 1976 and the Family Court system as a whole. The article also explores Atkin's approval of the amendments to the Crimes Act 1961 preventing parents from using physical discipline against their children for the purposes of correction. Overall, the article highlights Atkin's extensive contribution to family law and demonstrates what needs to be changed to ensure New Zealand family law and society becomes more child-focused in the future.

7. The family justice system

2021 ◽  
pp. 197-217
Author(s):  
Martin Partington
Keyword(s):  
Domestic Violence ◽  
Child Support ◽  
Justice System ◽  
Family Law ◽  
Institutional Framework ◽  
Family Court ◽  
Legal Aid ◽  
System P ◽  
The Family ◽  
Domestic Violence And Abuse

This chapter discusses the family justice system. It considers the role law plays in regulating the family. The chapter covers the institutional framework of family justice and its transformation. It notes the creation of the Family Court and the pressures on that court. It reviews the remedies which are available in that court, in particular those relating to the protection of children. The chapter briefly considers adoption. It considers other matrimonial matters, in particular the introduction of no-fault divorce and the financial effects of divorce. It considers policy relating to child support, and notes changes to ways of dealing with domestic violence and abuse. It considers the legal practitioners involved in family law issues and how they seek to deal with family disputes on a less adversarial basis. The effect of changes to legal aid for funding for family law cases is discussed.

Conciliation and the New Zealand Family Court: lessons for English law reformers

Legal Studies ◽  
1996 ◽  
Vol 16 (3) ◽  
pp. 298-324
Author(s):  
Caroline Bridge
Keyword(s):  
New Zealand ◽  
Self Determination ◽  
Family Court ◽  
The Third ◽  
Court Judge ◽  
The Family ◽  
English Law

Conciliation has formed an integral part of the New Zealand Family Court’s management of family disputes since 1980. The Family Court is a tiered structure, designed to encourage the parties to resolve their own disputes by providing opportunities for conciliation within a statutory process. The first two tiers, counselling and judicial mediation, are procedures intended to empower the parties, enable self-determination, and encourage a conciliatory rather than combative attitude towards both each other and the dispute. Consequently, the parties are compulsorily channelled through the conciliation tiers of the court even if the ultimate goal of one of them is a court room battle. The hope is that the third tier, adjudication by a Family Court judge in the Family Court, will be avoided.

7. The family justice system

2019 ◽  
pp. 191-209
Author(s):  
Martin Partington
Keyword(s):  
Domestic Violence ◽  
Child Support ◽  
Justice System ◽  
Family Law ◽  
Institutional Framework ◽  
Family Court ◽  
Legal Aid ◽  
System P ◽  
The Family ◽  
The Creation

This chapter discusses the family justice system. It considers the role law plays in regulating the family. The chapter covers the institutional framework of family justice and its transformation. It notes the creation of the Family Court and the pressures on that court. It reviews the remedies which are available in that court, in particular those relating to the protection of children. The chapter briefly considers adoption. It considers other matrimonial matters, in particular the financial effects of divorce. It considers policy relating to child support, and notes changes to ways of dealing with domestic violence. It considers the legal practitioners involved in family law issues and how they seek to deal with family disputes on a less adversarial basis. The effect of changes to legal aid for funding for family law cases is discussed.

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