New Family Justice System Overview as at December 2013 This presentation reflects the information about the new family justice system available at the time the Ministry was delivering this overview to stakeholders. Some of the content may change when elements of the system currently being developed are finalised.

Purpose of today  Focus  Outline the elements of the new family justice system for disputes that fall under the Care of Children Act  Inform you about the implementation programme, progress made and steps to come  Not discussing  Views about the reforms  Request for proposal (RFP) for procurement of Family Dispute Resolution services  Consultation on legal support service 1

Principles driving new system  Puts the needs of children first and reduces stresses on them  Emphasis on child-focused outcomes throughout  Re-positions the family court as part of a wider family justice system  Encourages people to reach agreement outside court, where possible  Enables the court to focus on serious cases that need judgment or intervention 2

Implementation programme  We are working towards a start date at the end of the first quarter of 2014  Procurement for Family Dispute Resolution services will be completed by mid-December  Training for legal profession, providers and staff is scheduled for February  Design of the management system for out-of- court services is advancing  Rules and regulations are being finalised  Transitional arrangements are being developed 3

New family justice system 4

Key elements of system  Entry points, information and resources  Direct access to court for vulnerable people  Expanded out-of-court services  Funding for out-of-court services available  New tracks in court 5

6

7

Parenting Through Separation  PTS programme intended to be delivered by existing providers  Free, content enhanced  Focuses on needs of the child  Gives participants education and tools  Completing PTS is compulsory for people going to court in most situations, unless exempted  PTS is ideally completed before Family Dispute Resolution  Attending PTS is recorded 8

9

Family Dispute Resolution  Family Dispute Resolution is a key new feature of the family justice system  Two parts – assessment and mediation  Preparatory counselling is available to help people prepare for mediation if required  Completing FDR is compulsory for people going to court in most situations, unless exempted  FDR costs – people who qualify can be funded  Attending FDR is recorded  FDR providers are approved by an Approved Dispute Resolution Organisation (ADRO) 10

Family Dispute Resolution (2)  FDR providers and counsellors must be culturally aware – in particular of Maori values & concepts  Providers must demonstrate they can  Promote the welfare of children, and understand child development as it affects care arrangements  Assess and manage parties for risk factors  Address the diversity of parties to the mediation  Assist parties to develop skills and strategies for managing future disagreements  MoJ is contracting with suppliers of FDR services, providers employed/sub-contracted by suppliers 11

12

Legal support  A new legal support service will be available out of court for eligible people  We are currently consulting on how this will work. Three areas of activity are proposed  General advice about rights and options  Guidance about the process  Help with completing forms for filing  Legal support will be provided by lawyers on the family legal aid list  People can engage a lawyer independently 13

Funding  For eligible people, funding is available for  FDR  Preparatory counselling  Legal support  Simple test for eligibility – civil legal aid income threshold will apply  People can self-assess using an online calculator  FDR provider or legal support lawyer can approve 14

15

Filing  Representation at filing depends on the filing method  Lawyers can file without notice applications  People file on-notice applications themselves  New court forms focus on the information the judge needs to make a decision  People can use the legal support service (if eligible) to help with completing forms  People must prove completion of PTS and FDR  Standard filing fees and waivers will apply 16

Simple track  Simple track is for  People who have reached agreement and want a consent order  Undefended proceedings  Cases are intended to be dealt with on the papers by the judge  People represent themselves unless the judge directs a hearing 17

Standard track  Provides a final opportunity to reach agreement  People must have completed PTS and FDR  Judge has options to direct people to  Issues conference  Settlement conference  Hearing – via a directions conference  Tools and resources will be available to support people representing themselves  People may have a support person, such as a family or whanau member, in some situations 18

Without notice track  Existing processes will continue  Applies in cases where there is concern for the safety of children and urgent situations  A judge can shift a case from the standard track to without notice if risk factors are identified  People can have a lawyer and legal aid as currently applies 19

Common features of tracks  Judge can move cases between tracks  Judge can refer people back to PTS and FDR  Judge has options for managing complex cases  For concurrent applications, such as DV and CoCA, the DV application takes precedence  If judge directs parties can be legally represented, legal aid is available for eligible people 20

Common features of tracks (2)  Providers can be appointed to supply specialist services such as reports and counselling  Leave may be required to vary court orders  Judge must consider the costs of services and people may be ordered to contribute 21

Summary of reforms  Changes are designed to help people resolve child arrangement matters outside of court  Changes mostly affect Care of Children Act (CoCA) applications  Repositions the family court as part of wider family justice system  Family justice system organised into three areas  Self-resolution (outside of court, community-based)  Assisted resolution (outside of court, community-based)  In-court resolution (three tracks) 22

23