The Ministry of Justice is working on a range of initiatives to improve timelines and remove barriers to accessing the Family Court.
A new judicial officer, the Family Court Associate is to be introduced to the Family Court in May 2024. This role was established by the Family Court (Family Court Associates) Legislation Act 2023(external link) in 2023. Family Court Associates are intended to reduce delay by taking on some of Family Court judges’ workload, including decisions made at the early stages of proceedings. This will enable judges to focus on progressing substantive matters.
The Victims of Family Violence (Strengthening Legal Protections) Legislation Bill(external link) was introduced and referred to the Justice Committee in August 2023. The Bill aims to strengthen the courts’ statutory powers to protect victims of litigation abuse in family proceedings. Litigation abuse occurs when a perpetrator of family violence uses the court system to harass, contact, and control their victim, rather than to resolve legitimate disputes.
The Ministry of Justice is in the final stages of a project to provide quality and accessible information for parents, guardians and whānau navigating care of children matters, so they can make informed decisions about how to care for their tamariki.
We have refreshed the Care of Children, Family Court, and Family Violence web pages on the Ministry’s website, created new interactive process maps, and released a suite of 7 new information booklets and redesigned the parenting plan workbook. You’ll find the booklets and the parenting plan workbook in the newly created Resource Hub, which has versions translated into different languages and accessible formats. All of the new resources were widely tested to ensure they meet the needs of our participants.
The Family Court (Supporting Children in Court) Legislation Act 2021(external link) came into force in August 2023. The Act introduces a new emphasis on children’s participation in the resolution of disputes around their care, where appropriate. It also requires judges to consider family violence in all decisions about children’s care. The change recognises that children are particularly vulnerable to family violence, including seeing or hearing violence against others, and that children are at particular risk of lasting harm.