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Date: April 29, 2024 Mon
Time: 9:44 pm
Time: 9:44 pm
Results for family court
3 results foundAuthor: Summerfield, Amy Title: Public Experiences of and Attitudes towards the Family Justice System Summary: The Ministry of Justice is responsible for achieving the Government's vision of a supportive and effective family justice system. This analytical summary presents findings from the 2012/13 Crime Survey for England and Wales (CSEW) examining public attitudes and experiences of the family justice system, including mediation. The CSEW is a nationally representative household survey. In the 2012/13 survey, around 35,000 adults were interviewed. Details: London: Ministry of Justice, 2014. 17p. Source: Internet Resource: Analytical Summary: Accessed June 17, 2014 at: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/319365/public-experience-family-justice-system.pdf Year: 2014 Country: United Kingdom URL: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/319365/public-experience-family-justice-system.pdf Shelf Number: 132483 Keywords: Family CourtFamily MediationPublic AttitudesPublic Opinion |
Author: Backbone Collective Title: Out of the Frying Pan and into the Fire: Women's experiences of the New Zealand Family Court Summary: The report, Out of the Frying Pan into the Fire (2017), is based on an online survey of 612 women who had experienced violence and abuse. 496 of those women had used the Family Court. The report notes that the Family Court is a critical part of the response system that women may rely on for protection and further safety following separation from an abusive partner. However the report states, "The women who participated in this survey reported serious negative outcomes from being involved with the New Zealand Family Court. ... Women told us that the Family Court actively undermined their and their children's safety in a multitude of ways. They described the Family Court as somewhere where their experience of violence and abuse was not believed, was minimized and not responded to, where their abuser was seen as safe and any risk to them and their children was neither assessed nor considered. Some women talked about experiencing discrimination and Māori women reported racism. Women went to the Family Court often seeking protection for themselves and their children but once their found that their children were not listened to and were subsequently placed in unsafe situations. Women told us of being wrongly accused of a range of things that impacted negatively on decisions being made about them and their children's lives." Key findings of this Family Court survey include: Wāhine Māori experienced racism and found that cultural beliefs and practices are not comprehended in the Family Court. 417 women said their experience of violence and abuse was not believed or responded to, was minimised, or was not accepted into evidence. 83% of women said the Family Court treated their abuser as safe. 58% of women attending Family Court-related appointments, fixtures, or hearings have been threatened, intimidated, or physically assaulted by their abuser. 93% of women do not feel psychologically or physically safe when the Family Court forces or coerces them into joint activities with their abuser. 155 women said the Family Court had forced their child/ren to spend time with the abuser. All of these women were worried about their child's safety while in the abuser's care. 107 women have been denied a support person in court or mediation. 120 women have been ordered by the Family Court not to talk to their child about the violence and abuse - thereby forcing women and children to pretend their trauma does not exist. 84 women have been ordered by the Family Court not to talk to others about what is happening to them in the Family Court. 50% of the 'gagging orders' against women were initiated by the Judge or the Lawyer for Child. 93% of women have suffered negative health impacts because of how they have been treated during Family Court proceedings. 9% of women have been involved in Family Court proceedings for between 7 and 22 years. Women are up to $500,000 in debt due to having to fund their Family Court proceedings. Given the consistent and "overwhelmingly negative feedback" from so many women, the Backbone Collective is calling for a Royal Commission of Inquiry into the Family Court. The authors state: "A Royal Commission of Inquiry is the only forum where the women and their families or whanau would feel sufficiently safe to tell their stories, where witnesses with specialist insights into the workings of the Family Court could share their views in confidence and where all their court documents (transcripts, reports, minutes and orders) and procedures can be independently reviewed." The report notes that the overall purpose of the Backbone Collective is to enable women to safely tell the Government, the media, and the public about how the 'system' responded to them when they experienced violence and abuse, and how they need it to respond in order to be safe and rebuild their lives. Details: s.l.: The Collective, 2017. 45p. Source: Internet Resource: accessed March 27, 2018 at: https://static1.squarespace.com/static/57d898ef8419c2ef50f63405/t/59386e6a15d5db8350f9157f/1496870522432/Family+Violence+Survey+report+080617+-+embargoed+until+1am+Thursday+%281%29.pdf Year: 2017 Country: New Zealand URL: https://static1.squarespace.com/static/57d898ef8419c2ef50f63405/t/59386e6a15d5db8350f9157f/1496870522432/Family+Violence+Survey+report+080617+-+embargoed+until+1am+Thursday+%281%29.pdf Shelf Number: 149582 Keywords: Domestic ViolenceFamily CourtFamily ViolenceGender-Based ViolenceIntimate Partner ViolenceViolence Against Women |
Author: Harwin, Judith Title: The contribution of supervision orders and special guardianship to children's lives and family justice. Summary report Summary: This report is about the use of 'family orders' to support family reunification and placement with family and friends as outcomes of S31 care and supervision proceedings brought under the Children Act 1989 . These proceedings are brought by local authorities for children who they believe have experienced or are likely to experience 'significant harm' as a result of the parenting they have received falling below a reasonable standard. They are amongst the most vulnerable children in society who have met the highest threshold of concern and their futures cannot be decided without the intervention of the court. The main focus is on supervision orders made by the courts to help support birth families to stay together, and on special guardianship when the child is placed with family and friends, with or without a supervision order. It is important to distinguish between these two family orders regarding the support they provide for permanency. A special guardianship order (SGO) lasts until the child reaches the age of 18 but a supervision order is time-limited. A supervision order places a duty upon the local authority 'to advise, assist and befriend the supervised child'. It is initially made for a period up to one year but can be extended after this to a maximum of three years. An SGO gives the carers the main responsibility for the child's care and upbringing but retains the legal link with the birth family. The local authority does not hold parental responsibility when either order is made. The over-arching aim of this study is to understand the opportunities, challenges and outcomes of these orders, and their use at national and regional level. This is the first study of both supervision orders and special guardianship to make use of national (England) population-level data routinely produced by the Children and Family Court Advisory and Support Service (Cafcass) concerning all children subject to S31 care and supervision proceedings. It is also the first study to use this data to examine the proportion of SGOs in which a supervision order is also made for the child. The report is being published at a critical time in family justice. The overall trend regarding care demand is upward. Despite a small drop in demand in 2017/18, the number of children in care and supervision applications is still more than double the figure recorded in 2007. This has created huge pressures on the family court and children's services alike. As part of its inquiry into ways of tackling the issues, the recent Care Crisis Review concluded that the family itself is an underused resource (Care Crisis Review, 2018). Since 2013, case law has also affirmed the important role of the court and children's services in promoting permanency orders that keep families together, and most recently called for new guidance on special guardianship. This comes just three years after a major review undertaken by the Department for Education introduced changes to the regulatory framework (Department for Education, 2015). Details: Lancaster, UK: Lancaster University, Centre for Child & Family Research, 2019. 183p. Source: Internet Resource: Accessed May 2, 2019 at: https://www.cfj-lancaster.org.uk/app/nuffield/files-module/local/documents/HARWIN%20main%20report%20SO%20and%20SGOs%20_%204Mar2019.pdf Year: 2019 Country: United Kingdom URL: https://www.cfj-lancaster.org.uk/app/nuffield/files-module/local/documents/HARWIN%20main%20report%20SO%20and%20SGOs%20_%204Mar2019.pdf Shelf Number: 155602 Keywords: Child Abuse and NeglectChild ProtectionChild SupervisionFamily CourtFamily JusticeParentingSupervision Orders |