1. Family Court Mediation and Counselling Service of Western Australia 1 The Columbus Program and its impact on the Family Court of Western Australia Kay Benham (Director Court Counselling ) WA Justice Research Conference 24 November 2005

2. Family Court Mediation and Counselling Service of Western Australia 2 Outline of Presentation Brief description of FCWA Overview of Columbus program, evaluation design and findings Impact of program and its role in informing new developments Future challenges

3. Family Court Mediation and Counselling Service of Western Australia 3 State-based Court - 7,200 new files annually One Registry in Perth - 5 regional centres ( 42 circuits annually) Six Judges, Eight Magistrate/Registrars Thirteen Court Mediator / Counsellors Forty plus Support Personnel Approx 2,400 new children’s referrals THE FAMILY COURT of WESTERN AUSTRALIA (Est. 1975)

4. Family Court Mediation and Counselling Service of Western Australia 4 Historical Flow Chart – Child cases Application – Interim or Final orders (Judicial Officer)(Mediator/Counsellor) First Hearing Mediation/Counselling Second Hearing, orFamily Report (wishes of child) Conciliation Conference Conciliation, or Pretrial ConferenceMediation/Counselling Trial Post trial Counselling Supervision of orders (12 months) CONSENTORDERSCONSENTORDERS

5. Family Court Mediation and Counselling Service of Western Australia 5 Conceptual Framework “There has to be a better way” Informality / Helping Court More Inquisitorial Less Adversarial Therapeutic Jurisprudence THE FAMILY COURT of WESTERN AUSTRALIA

6. Family Court Mediation and Counselling Service of Western Australia 6 The Columbus Pilot Idea developed by 2 counsellors in 1999 Finally implemented July 2001 Formally launched November 2001 Pilot completed December 2002 Early intervention programme to address issues of: Family Violence Child Abuse Substance abuse/mental health issues

7. Family Court Mediation and Counselling Service of Western Australia 7 AIMS OF PROGRAM Early identification and fast tracking of child abuse and family violence cases A multi-disciplinary team approach Information sharing and collaboration with other agencies Assistance for families to engage in treatment and education programs Reduction in the number of court events

8. Family Court Mediation and Counselling Service of Western Australia 8 AIMS OF PILOT CONT Improved residence and contact outcomes for children Improved durability of agreements Enhanced safety of children

9. Family Court Mediation and Counselling Service of Western Australia 9 Columbus Features Individualised Case Management Jointly managed by: Designated Registrar and Court Counsellor Jointly-chaired Case Conferences (Multiple and Privileged) Treatment/reports from external services

10. Family Court Mediation and Counselling Service of Western Australia 10 Pilot Control Group (N = 53) (N = 58) Children 86 90 ‘Invisible’ Children 49 70 (Half Siblings) Stepfamily Issues: 65% 71% Grandparent Involvement: 37% 31% Parental drug use: (n = 106 : 116) 48% 36% COLUMBUS PILOT : ISSUES

11. Family Court Mediation and Counselling Service of Western Australia 11 EVALUATION DESIGN Stages: IDesign, methodology testing, observation of court events IICase mapping, relative cost / outcome analysis and stakeholder interviews IIIInterviews with Columbus parents, their children, and legal representatives IVInterviews with Control Group parents, their children, and legal representatives NB:Input from stakeholder interviews is integrated with Stages III and IV

12. Family Court Mediation and Counselling Service of Western Australia 12 Conclusions / Recommendations 1.Overall program met its objectives 2.Important role of early intervention, 3.Advantages of ICM and inter-disciplinary teams, 4.Need for all work to be reportable 5.Importance of interface with LAWA, DCD and community organisations – the place of formal protocols, 6.The need for longitudinal data and ongoing research capacity in the Court, 7.The value of links with universities.

13. Family Court Mediation and Counselling Service of Western Australia 13 IMPACT 1.Change of culture in FCWA 2.Increased collaboration with other agencies 3.Family Court Reference Group (Children’s Cases) and Research Reference Group 4.Changing role of legal representatives 5.Value of research partnerships (funding and risk issues) 6.Need to evaluate each new initiative

14. Family Court Mediation and Counselling Service of Western Australia 14 Developing new children’s cases model Joint working party (Principal Registrar, D Court Counselling plus 2 registrars, 2 counsellors) Incorporating Lessons from Columbus Joint registrar / counsellor approach Identifying abuse issues early Acknowledging complexity of issues (need to screen) External referrals Need to monitor and follow up Evaluation

15. Family Court Mediation and Counselling Service of Western Australia 15 First Court Event – Staged process with Mediator/Counsellor (2 hours), (includes the parties’ legal representatives) Separate interviews with client and his/her lawyer (if represented) to: clarify issues, assess risk (family violence, child abuse) screen (substance abuse, medical /psychiatric issues) Proceed on case by case basis after initial interviews Clarify issues and provide assessment and recommendations Discuss, Negotiate, and Plan case management options Case Assessment Conferences – (July 2004)

16. Family Court Mediation and Counselling Service of Western Australia 16 Procedural Hearing Conducted by Registrar (in CAC room) jointly with Mediator/Counsellor, and lawyers Orders by consent and procedural orders, guided by mediator/counsellor’s assessment Follow-up counselling / individualised case management to: address underlying issues monitor referrals to support agencies produce more stable long-term outcomes Case Assessment Conferences – (July 2004)

17. Family Court Mediation and Counselling Service of Western Australia 17 CHALLENGES Positioning the court for the introduction of FRC’s and new legislation Full implementation of the new Children’s Cases model including reportable work Child inclusive work Developing and implementing operating procedures, relevant training, and protocols, Integrating these with government and non- government agencies / services, and Establishing ongoing evaluation regimes and research partnerships.

18. Family Court Mediation and Counselling Service of Western Australia 18 CONTACT DETAILS Family Court Mediation and Counselling Service Phone 92248248 Fax 92248244 Registry 92248222 1800 199228 Level 3 150 Terrace Road, Perth GPO Box 1991, Perth WA 6848 kay.benham@justice.wa.gov.au