Some Family Court reform changes; silence on Bristol clause and FDR fees

Justice Minister Judith Collins has announced some changes to planned Family Court reforms. However there is no indication of a rethink on repealing the 'Bristol clause'. Women's Refuge Spokesperson Kiri Hannifin said "We are hopeful that a large contingent of concerns about that will be listened to, but we've heard nothing". There is also no indication the Government are rethinking the $897 fee for Family Dispute Resolution process, which would be compulsory in many circumstances.

Judith Collins stated that changes to the Government's proposals will be made based on feedback from the Select Committee process. These would now:

• provide up to four hours of legal support for parents who meet the legal aid threshold prior to court
• provide up to three hours of preparatory counselling to help parents make the most of Family Dispute Resolution (FDR)
• enable a judge to refer parties back to FDR or the Parenting through Separation course if it is likely to help resolve the case, and
• enable lawyers to participate earlier in the court process, at the judge’s discretion, if it would increase the chances of a successful resolution.

The changes have been welcomed by Family Law Section chair Garry Collin.

The 'Bristol clause' prevents children from having unsupervised contact with a parent or caregiver who has been violent if there are concerns for the child's safety. It was introduced after Alan Bristol killed his three daughters in 1994 while they were in his custody, despite him facing charges of assaulting his wife.

Garry Collin said family lawyers were divided over these provisions. His predecessor, Auckland lawyer Antony Mahon, said he believed the criteria for judges to follow when violence was alleged should be written back into the bill.

For background information, see Opposition to Family Court reforms at Select Committee hearings.

Media:

'Refuges in dark over law repeal proposal', NZ Herald, 30.04.13

'Positive changes' to Family Court Proceedings Reform Bill, Voxy, 29.04.13

'Family Court changes support priorities for reform', Media release: Judith Collins, 26.04.13