Triaging and Legal Pathways
Gaining access to the family justice system can be an overwhelming experience for somebody experiencing parenting disputes for the first time. Questioning helps clarify the status quo and provides background to the issues the client is currently facing.
The triage process helps identify whether the Family Court has jurisdiction, the level of urgency and the legislation to be used to access the court process. The Care of Children Act (CoCA) also has an additional (pre-Court) step. Many disputes are now resolved by receiving good legal advice, undertaking a Parenting Through Separation course and attending mediation with the other party, all without having to make an application to the Family Court.
Some situations merit applications without notice. These include exposure to psychological or physical abuse (usually domestic violence cases where children are involved) or if there is immediate harm posed to a subject person, the person applying or their child(ren).
When faced with a client considering the family justice system, some of the initial questions that need to be asked are:
Family law has many grey areas and it can be difficult to advise a client which course to take. The implications of getting things wrong can be serious and could affect a client’s access to a child or their immediate safety, or the future treatment of someone who is incapable of caring for themselves. Delay in applying to Court in some cases can harm the chances of having urgent orders granted.
Law is a dynamic and changing environment. Fortunately there is government funding available for people with low incomes to access legal advice. A list of lawyers who provide the Family Legal Advice Service (for CoCA matters) can be found at the Ministry of Justice website. Legal Aid lawyers (for urgent CoCA and other areas of family law) are listed here.
If you need to access the Family Legal Advice Service you can also ring Ebborn Law on (0800) 339 223.
The triage process helps identify whether the Family Court has jurisdiction, the level of urgency and the legislation to be used to access the court process. The Care of Children Act (CoCA) also has an additional (pre-Court) step. Many disputes are now resolved by receiving good legal advice, undertaking a Parenting Through Separation course and attending mediation with the other party, all without having to make an application to the Family Court.
Some situations merit applications without notice. These include exposure to psychological or physical abuse (usually domestic violence cases where children are involved) or if there is immediate harm posed to a subject person, the person applying or their child(ren).
When faced with a client considering the family justice system, some of the initial questions that need to be asked are:
- Is the applicant or subject person in New Zealand?
- Are there existing proceedings (Applications) already in Court?
- Which area(s) does this matter fall under: Domestic violence?Care/contact or guardianship?Child, Youth and Family?Paternity?Adoption?Welfare or property guardianship?A mixture?
- What was the incident that made the client want to seek the Court’s assistance?
- Are there extenuating circumstances: problems with communication; medical or psychological issues; history of violence?
Family law has many grey areas and it can be difficult to advise a client which course to take. The implications of getting things wrong can be serious and could affect a client’s access to a child or their immediate safety, or the future treatment of someone who is incapable of caring for themselves. Delay in applying to Court in some cases can harm the chances of having urgent orders granted.
Law is a dynamic and changing environment. Fortunately there is government funding available for people with low incomes to access legal advice. A list of lawyers who provide the Family Legal Advice Service (for CoCA matters) can be found at the Ministry of Justice website. Legal Aid lawyers (for urgent CoCA and other areas of family law) are listed here.
If you need to access the Family Legal Advice Service you can also ring Ebborn Law on (0800) 339 223.