Fraught family issues and intimidating judges

Relationship breakups and family arrangements can be fraught with problems. Fathers in particular can be put in difficult positions, often feeling helpless in the legal system, with preference often given to mothers.

Some estranged fathers have been taking their frustrations too far.

NZH: Police protect judges at home from ‘intimidating’ Family Court protesters

Judges are being protected at their family homes by police as angry dads protest outside with placards and megaphones.

A group of fathers, many of whom are disgruntled at losing custody or visitation rights to their children, are gathering outside the homes of Family Court judges in Auckland, say multiple Herald sources.

It is understood the protests, which have largely taken place during weekends over the past few weeks, against about three judges have so far been peaceful with no reports of trespassing or property damage.

So they don’t seem to be breaking the law, but they are unlikely to sway judges with their protests.

Minister of Justice and Courts Andrew Little called the protests “very disturbing” and said there was no excuse for people taking their case to the front door of a judge.

“The reason for that sort of protest is to create some level of intimidation and that is entirely unacceptable.”

It does seem a bit disturbing, but fathers can get desperate in their attempts to maintain contact with their children. This is understandable – and far better than walking away from their parental responsibilities.

And they have succeeded in highlighting a problem faced by many fathers.

Perhaps having the law and the Courts stacked against them is also entirely unacceptable, and drawing attention to this is a valid if perhaps misguided reaction.

A third review into the Family Court had also been ordered by the Government, Little said.

A review panel and expert advisory group would talk to families who had been through the Family Court process, he said, while he had also asked specifically for a “human rights approach” to look at the views of both parents and the children.

More details of the review were expected to be announced in the coming weeks.

Changes to the Family Court were introduced by the former National Government in March 2014, aimed at empowering families to resolve their matters outside court and without lawyers.

The reforms were also intended to help the Family Court focus on those cases which required immediate legal attention, such as those involving family violence.

Little said the review would evaluate whether the reforms had achieved their objectives.

In last month’s Ministry of Justice newsletter, Little also wrote: “Public confidence in the criminal system and family law has been eroded and a managerial approach has failed. We can do better, and we will do better.”

Swadling said there were “significant problems” introduced in 2014 when legal aid was removed and lawyers became unable to represent parties for some court processes.

“If protestors wish to be heard they would be best served by ensuring that they make submissions to the review panel rather than targeting particular individuals, especially judges who are unable, by convention, to defend themselves,” she said.

It is never easy sorting out relationship and family disputes, and it is a real shame that children get caught in the middle of parental legal battles.

While the care of the children should be paramount, both parents should be given a fair go by the legal system. This seems to be one thing where the system is often stacked against men.

3 Comments

  1. sorethumb

     /  April 18, 2018

    Thankfully I’ve never had the pleasure, but it wouldn’t surprise me if the system is anti-male?

    • PartisanZ

       /  April 18, 2018

      Distinct similarities with how anti-White the system has become, eh sorethumb?

      • Kitty Catkin

         /  April 19, 2018

        Disgruntled sounds wrong here; a father who’s been denied access to his children would be distressed or distraught rather than disgruntled.

        I read a sad thing that a father said; than being a father with visitation rights/access was like being an uncle.

        I don’t know whether the old accusation of molestation is still as effective as it once was, or whether that one was done too often.

        My brother and I never saw our father again after we were 13 and 11 – his choice – and I know how important it is to have two parents and how painful it is not to see one of them at all.