Collins Judith: Family Court Proceedings Reform Bill — Second ReadingText is incorporated into the Bound VolumeCollins Judith: Family Court Proceedings Reform Bill — Second Reading[Sitting date: 02 July 2013. Volume:691;Page:11536. Text is incorporated into the Bound Volume.]Hon JUDITH COLLINS (Minister of Justice):I moveThat the Family Court Proceedings Reform Bill be now read a second time . The bill is an omnibus bill that amends nine Acts. The Acts to be amended include the Care of Children Act 2004 the Domestic Violence Act 1995 the Family Courts Act 1980 and the Legal Services Act 2011. The bill will implement the Government’s decisions that are based on the findings of a Ministry of Justice review of the family justice system in 2011. The reforms will ensure a modern accessible and sustainable family justice system—a system that supports the children and vulnerable people who most need the Family Court’s protection. The reforms are the first significant changes to the Family Court since it was introduced more than 30 years ago. The slow pace of resolving Family Court applications is creating additional pressures on children and families. Currently Care of Children Act applications are taking on average 238 days to resolve; domestic violence cases are taking on average 117 days to resolve; and relationship property applications are taking well over a year on average.The bill emphasises the needs of children and vulnerable people in order to ensure ongoing support and protection for them. It clarifies the provisions relating to care of children cases involving allegations of violence and improves the Family Court’s response to domestic violence. The bill encourages parents to resolve matters themselves. Families will be supported to reach agreements and resolve disputes outside of court. The successful and free Parenting through Separation course will be expanded and a new out-of-court family dispute resolution or FDR service will be introduced.The bill focuses the Family Court on resolving parenting disputes that require a judicial decision. It targets the use of professionals including lawyers to help resolve the more serious cases. To help people to independently navigate the court for more straightforward matters we will introduce improved information services a simplified three-track court system and easy-to-use forms. The Government believes that parties should contribute to the cost of a lawyer used in Family Court proceedings unless this causes serious hardship. This view is reflected in the bill which also allows regulations to cap the proportion of cost to be paid by parties.The Justice and Electoral Committee has considered the bill. I thank the committee and officials and commend them for their efforts. There was significant public input into the bill. There were 386 written submissions and the committee heard 217 oral submissions. I have listened very carefully during the committee process to submitters’ concerns. The modifications to the family justice reforms support the Government’s key priorities—a court that protects vulnerable people provides fast and efficient resolution of private disputes and puts the needs of children first. I am very comfortable with these changes and I have received positive feedback from many in the family justice community.The changes to the family justice reforms are to provide up to 4 hours of legal support prior to court entry for parents who meet the legal aid threshold to provide up to 3 hours of preparatory counselling to help eligible parents to make the most of family dispute resolution to enable a judge to refer parties back to family dispute resolution or Parenting through Separation courses if it is likely to help resolve the case to enable lawyers to participate earlier in the court process at the judge’s discretion if they believe it would increase the chances of a successful resolution and to enable provisions of the Act to be brought into force by Order in Council as opposed to a specific date to provide greater flexibility in implementing the reforms. Cabinet agreed in April to thesechanges most of which are now incorporated into the bill as reported back to the House. Additional legal support and preparatory counselling will be provided operationally.The bill as reported back provides Family Court judges with more options to help resolve disputes. Judges will be able to refer parties back to family dispute resolution or Parenting through Separation courses. Judges will be able to allow lawyers to participate earlier in the process where they believe that it is going to help the chances of success. As a result of the changes to policy parents may be provided with some initial legal advice prior to court entry. They may also be provided with some preparatory counselling to help them make the most of family dispute resolution. Currently pre-court taxpayer-funded counselling is available to anyone on request for up to 3 hours. Under the reforms the focus will shift from dealing with private relationship issues to resolving parenting issues and reducing conflict for the benefit of children. Family dispute resolution will be free for the estimated 60 percent of participants below the income threshold for civil legal aid. For those over the threshold the cost of family dispute resolution is likely to be less expensive than retaining a lawyer and proceeding to a defended court hearing.The bill recognises that the Family Court should be one part of the wider system that helps families resolve issues. The court is often not the best means though for helping families settle disputes. The reforms in the bill are designed to support people to more quickly resolve disputes out of court where appropriate. They will ensure that the court focuses on the most vulnerable and on the most serious matters. They will also bring much-needed clarity to court processes and rules. Users will have more certainty and it will be easier for them to understand and navigate the court system.It is always good I think for the House to remember when children are involved that their parents once at one stage loved each other so much that they decided to have children. I think that is something that sometimes gets lost in the Family Court system. As a lawyer with over 20 years’ experience I have seen it happen time and time again that people’s best interests have not been put first but actually those of professionals have been. I believe that this bill will help reduce that situation. As a result of the bill the Family Court will better meet the needs of families today by reforming a system that was introduced into a very different world more than 30 years ago. I commend this bill to the House.