A recent media article highlighted that legal aid shortfalls are forcing many individuals to represent themselves in court. Numerous media articles have covered the ongoing issues facing whānau dealing with the Family Court system, underscoring a persistent lack of support for unrepresented families. This problem has lingered for decades, causing significant harm to many families and children. The lack of adequate support for these vulnerable families often exacerbates parental conflicts, contributes to a substantial backlog in the system, and sometimes leads to family violence, causing further undue delays in resolving disputes.
Access to Justice or Access to Court ?
Providing only court forms and applications to self-represented parties without guidance or help is seen as giving parents access to courts but not to justice or fairness. The Family Court system, designed by and for lawyers, is often impenetrable for non-lawyer parents who struggle to navigate or understand the system while dealing with their family separation issues. This design flaw leaves many families at a disadvantage, unable to effectively advocate for their rights and interests.
When parents are left to navigate the complex Family Court system on their own, they often face significant challenges:
- Legal Complexity: The legal language and procedural requirements can be overwhelming for those without a legal background.
- Emotional Stress: The stress of handling legal matters can exacerbate the emotional toll of family separation, affecting the mental health of parents and children.
- Inequitable Outcomes: Without proper representation, parents may not be able to advocate effectively for their rights, leading to unfair outcomes.
- Increased Conflict: Lack of understanding and guidance can lead to heightened conflicts and prolonged disputes, which can have a detrimental impact on children.
Every year, a significant number of New Zealand parents find themselves navigating the challenging process of family separation without adequate help or guidance. This unfortunate reality often leaves them and their vulnerable children exposed to high levels of parental conflict, mental health issues, instances of suicide, family violence, and more difficulties. Many parents face the daunting task of managing their family separation process, sudden lifestyle changes, and protecting their children from harmful levels of conflict. Furthermore, many encounter additional obstacles, such as making critical decisions and comprehending the intricacies of resolving their disputes amicably.
Moreover, many of these parents are compelled to represent themselves in the Family Court, seeking access to their children, safeguarding their well-being and their children from violence, or defending themselves against serious accusations. They are left to navigate the complex Family Justice system entirely unsupported, often facing professional legal representation from the opposing party or dealing with vexatious litigation.
In this challenging landscape, FDSS (Family Dispute Support Services) plays a crucial role in bridging the access-to-justice gap through community-led services. FDSS offers one-on-one coaching support services, online workshops, and virtual peer support groups to help parents navigate the complexities of the Family Court system. These services provide essential guidance and emotional support, empowering parents to manage their disputes more effectively and reach amicable resolutions outside of the court system whenever possible.
FDSS was established in response to the pressing demands of numerous whānau going through the family separation process and the Family Court system alone. For several decades, many families have been imploring for assistance in handling their family separation and comprehending the intricacies of the current slow Family Court processes.
Regrettably, the recent reduction or unavailability of legal aid funding has resulted in even more individuals having to navigate their family court proceedings without adequate help or guidance. The accessibility to justice for these individuals is severely limited by the overwhelming nature of the Family Court processes, particularly for those who have never encountered them before. Many struggle to effectively represent themselves in court, further exacerbating their challenges and creating a huge backlog in the Family Court System, which makes it really difficult for others who are in urgent need to access the system.
By offering these resources, FDSS not only helps reduce the strain on the Family Court system but also promotes healthier, more constructive conflict resolution among families. This community-led approach ensures that parents receive the support they need to protect their children’s well-being and maintain family stability during difficult times. In an environment where legal aid shortfalls and self-representation are becoming increasingly common, the role of organisations like FDSS is more vital than ever in ensuring access to justice and fairness for all families.
FDSS plays a crucial role in bridging the access-to-justice gap through community-led services such as; one-on-one coaching support services and online workshops and virtual peer support groups
Zayne Jouma is the founder and Chairman of FDSS. He is a self-taught, trained, and experienced Mediator, Conflict Coach, Court lay-assistant/ McKenzie Friend & Community coach. Zayne has helped many parents through mediation and conflict resolution and has assisted hundreds of Self-represented parents in their Family Court & High Court cases across New Zealand.
