Desperate Need for Family Law Reform- A Broken System
Our Family Courts are overburdened and broken. There is a desperate need for a major overhaul for Family Law Reform and most notably with the Family Law process. Given that the majority of litigants are unrepresented- the process to take a matter to court is complicated, arduous and out dated. Affidavits need to have a limit to the pages that can be submitted and there must be tighter and stricter time lines provided. If a matter does need to go to court - there MUST BE a judge that has carriage of the file and that the matter does not get flip-flopped from one judge to another, where the case is needed to be sieved through once again.
Judges must begin to learn how best to handle the complicated and multifaceted cases that come before them. This includes knowledge of child development, domestic violence, power imbalances and personality disorders- just to name a few.
The Family Court must be streamlined and clear forms that need to be completed and that are able to be sent via email. The time and effort to file simple matters and do so in Caselines is not as easy as it sounds nor drive the long distances to do so, so that it is filed with the courts. It may result in Judges not having a fullsome picture in front of them for case conference or Trial Management Conferences.
IT puts Judges in a difficult position - making it less likely that they can assist with mediating the matter so as to avoid trial at all costs. Having said that, few matters should go to court and proceed to trial. If Law Reform is not overhauled it will result in only worsening of matters over time if this is not remedied in short order.