People and roles of the Family Court

Court staff

Judge

The judge ensures your application progresses and helps the parties to reach an agreement by themselves. If this isn’t possible, they’ll decide the outcome of Family Court cases. Inside the courtroom, they will usually sit at the front bench and wear black robes. They’ll read, and listen to, evidence about your case. They’ll take all the evidence into account before they make a final decision.

Family Court Associate 

Family Court Associates are a type of judicial officer in the Family Court. They have the power to make decisions about Family Court applications. They can help your application progress by:

• helping the parties reach an agreement
• holding a case conference to talk about the next steps in the case
• making certain types of orders that are agreed to by all parties

Court Registrar

Court registrars work at the court. One of their main jobs is to help manage your case at court.  This includes processing applications and making sure the judge has everything they need for the hearing, like special court reports or affidavits. They’ll sit next to the judge in the courtroom and are often on their computers updating the court record as the case progresses.

Kaiārahi

Kaiārahi (Family Court Navigators) help by providing information, guidance, and support. The Kaiārahi are a free service, but they don’t give legal advice.

Kaiārahi can help you with advice before you come to the Family Court.  They can refer you to services in your community that might help you agree to arrangements independently.

Kaiārahi can help you: 

• access resources that can help you work through your family matters
• access out-of-court services and support in the community to help you reach agreement about the care of your children, where appropriate
• understand the language, processes, and outcomes of Family Court proceedings
• remain engaged and involved in any Family Court proceedings by working to address any barriers that prevent you from participating
• connect you with other agencies and services in the community to support you as needed, and with your agreement.

Family Court Co-ordinators

Family Court Co-ordinators help to arrange any services ordered by a judicial officer.  For example, they will:

• appoint the Lawyer for Child
• appoint Lawyer for Subject Person
• appoint a Lawyer to Assist the Court 
• arrange a professional Supervised Contact provider
• get reports from psychologists or social workers
• arrange a communication assistant 
• make referrals to non-violence programmes. 

Some services don’t have to be ordered by a judicial officer. For example, you can ask to attend a safety programme for adults and children.

Family Court Coordinators can help you with:

• questions about the Family Court and making an application
• questions you may have about a service you have been ordered to attend
• any concerns or complaints you may have about a Family Court appointed provider.

Safety programmes for adults and children

To contact a Family Court Coordinator, freephone the Ministry of Justice 0800 268 787.

Court Security

Court security are usually the first people you will see when you arrive at the court. They wear black and white uniforms and are there to keep everyone safe.

If you need security support or feel unsafe while at the court, let court staff know as soon as possible.

Lawyers

Lawyer

A lawyer is someone who can help you with your case. The other parties in your case may also have a lawyer. A lawyer can:

• give you legal advice
• help you fill in forms for the court
• represent you at a case conference or hearing

Lawyer for Subject Person

A subject person is someone who’s no longer able to manage their property and welfare decisions for themselves because they have lost mental capacity. If a person doesn’t have an Enduring Power of Attorney, an application needs to be made to the Family Court under the Protection of Personal Property and Rights Act 1988. A registrar or judge must appoint a Lawyer for Subject Person, unless that person already has a lawyer.

A Lawyer for Subject Person’s role is to represent the subject person and make sure the court has all the relevant information to make the best decision possible for the person. The lawyer will usually meet with the person and contact whānau or other people involved in that person’s care. The lawyer will file a report with the court.

Lawyer for Child

A Lawyer for Child represents your child. The judge will decide if a Lawyer for Child is needed. Because children don’t usually go into Family Court, the Lawyer for Child will make sure your child’s best interests are considered by the judge. They’ll listen to your child’s views, if they have any, and tell the judge what they believe will be best for your child given your situation.

They often meet with your child before the court hearing. They’ll usually file a report saying what your child’s views are and any other relevant information. The Lawyer for Child can’t give you any legal advice. They’re involved in the case to act for the child in a way they consider promotes your child’s welfare and best interests and to make sure any views your child has are communicated to the court. A Lawyer for Child will also help parties to reach an agreement themselves where possible.

Lawyer to Assist the Court

A judge may decide to appoint a Lawyer to Assist the Court. This could be because someone is struggling with the court process, or there are complex legal issues that need explaining to everyone involved in the case.

For example, a Lawyer to Assist might be appointed to:

• help someone that is unrepresented understand a complex report - such as a psychologist report
• explain information to the court that requires the knowledge and skills of a lawyer
• carry out the role of asking the applicant the respondent’s questions in a family violence hearing if the respondent is unrepresented – this is to protect the applicant.

You may have to pay back some of the cost of a Lawyer for Child or a Lawyer to Assist the Court. This is called a Cost Contribution Order.

Cost contribution orders

Support in the courtroom

Support Person

If the judge gives you permission, you can bring a support person into the court room with you. However, your support person must leave the court room if, at any time, the judge asks them to.

A support person is there to provide you with emotional support. They can’t participate in the proceedings or sit next to you. They’ll have to sit at the back of the courtroom. You can ask the judge if the support person can sit next to you (instead of at the back of the court room).

If you’d like to bring a support person into the courtroom, talk to your lawyer or court staff.

Lay Assistant (McKenzie Friend)

A lay assistant can support you in court by helping you take notes. Sometimes this role is called a McKenzie Friend. They usually don’t talk to anyone other than you. A lay assistant isn’t usually a qualified lawyer. For example, you might ask a friend who knows a lot about the Family Court because they have been to court.

Apply for a lay assistant

Communication assistance

Communication assistants can help people who have:

• trouble reading
• trouble understanding words
• an intellectual or learning disability
• autism
• any other neurodiversity.

Anyone involved in your case can ask for a communication assistant. Often a judge or lawyer will request one. You should let the court know as soon as possible if you have difficulty communicating and ask for a communication assistant.

Interpreters

Family Court hearings are in English. If English is not your first language, you can ask the court for an interpreter. Interpreters listen to what people are saying in English and translate it into a language that you can understand. They will also translate what you say into English, so the other people in the courtroom can understand what you want.

Interpreters and communication assistance

Litigation guardian

A litigation guardian is a trusted person appointed to represent someone else in a Family Court case when that person lacks the capacity to represent themselves. For example, the person has an intellectual disability, or they are under 18 years old. A judge can decide to appoint someone as a litigation guardian at any time during a Family Court case.

Other people in the courtroom

Parties to the case

Everyone named on the original application are considered the ‘parties’ to a case. The other parties will also be in the courtroom if they have chosen to be involved and appear.

Witnesses

A witness is someone who comes to court to speak about what they have seen or heard. They must swear or affirm that they will tell the truth. If there’s a hearing, they may be asked to come to court. They’ll get called into the courtroom when it is their time to speak and will sit in the witness box. Anyone can be a witness, including you and other members of your whānau. Not every Family Court case will have witnesses.

If you’re unhappy with a court-appointed provider

If you feel strongly about the service you’ve received from a court-appointed provider, or how you’ve been represented, you can ask for advice on the steps you can take. To understand your options either:

• visit your local courthouse
• freephone the Ministry of Justice on 0800 268 787.