Backdown on some Family Court reforms; rethink needs to go further

Justice Minister Judith Collins has backed down on some Family Court reforms, indicating that lawyers will be allowed to act in earlier stages of disputes over the care of children. This followed Principal Family Court Judge Laurence Ryan speakign in opposition to the changes, on behalf of the full Family Court Bench. Justice Minister Judith Collins told the Weekend Herald that her officials had listened and would recommend changes that would address most of the judges' concerns. "There will be more involvement by lawyers than indicated," she said. "There are likely to be opportunities for lawyers to be involved in relation to children as well."

Responding in the NZ Herald, Barrister Catriona McLennan said the Government needed to go much further in rethinking its plans. "In particular, it needs to put domestic violence at the forefront and reverse proposed reforms that would downgrade the emphasis placed on the safety of women and children."

"Some questions that need to be asked before any further steps are taken include the following:

• Why are women and children still dying when Protection Orders have been made in the Family Court to safeguard them?

• Why do judges give primary care to men against whom Protection Orders have been made?

• Why is violence to mothers treated as irrelevant to the welfare of children when research clearly demonstrates how immensely damaging it is?

• Why do some judges focus on fairness to the respondent rather than the safety of women and children when dealing with Protection Order applications?

• Why do judges dismiss violence to mothers as 'situational' violence relating to the ending of a relationship and not relevant to children's safety?

• Why are mothers who raise safety concerns labelled as alienating and frequently punished by having their contact with children reduced?"

Glenn Inquiry director Ruth Herbert urged MPs considering the Bill to retain the Bristol clauses, which are proposed to be abolished in the reforms. These ban unsupervised contact with children by a parent alleged to have been violent towards them or their other parent.

'Govt backdown follows attack by family judges', NZ Herald, 30/3/13

'Child inquiry reforms endanger women', NZ Herald, 30/3/13

'Govt to water down changes to Family Court', Radio NZ, 31/3/13

'Catriona MacLennan: Court changes still a threat to kids', NZ Herald, 4/3/13