Australian reports "Family Courts reach Crisis Point"

Child welfare at risk as family courts reach ‘crisis point’

This is the headline in the Australian today (12 May 2014).   The article starts with the following:  "Desperate barristers took the extraordinary step of writing to Federal Circuit Court Chief Judge John Pascoe last month about the backlog of cases at Parramatta in western Sydney, when they learned a respected judge was to be moved to Melbourne. Senior solicitors and barristers say urgent matters involving child abuse and domestic violence are regularly being delayed for up to three months for interim hearings at Parramatta, and it is taking about 18 months to get final hearing dates."

Fears are expressed by family lawyers that these delays could lead to family violence or death.

There would not be a family lawyer who would not agree with all of the statements made in the article.  The situation in the southern Federal Circuit Courts is worse than the Queensland registry but it too is under stress and in some cases is not addressing nor determining cases involving children in a timely manner.  It is not that the Judges do not address the matters before them as best they can, it is a systemic failure of the system itself.  The Family Law Act and Courts were established in 1975.  Society has changed dramatically since then and whilst here have been constant changes to the Act and the methods utilised by the Courts, they have not been changes that have kept up with the demands and needs of those who access the Family Courts system.

It may be time that the Family Law Act and the family courts are reviewed and a system addressing issues in a more timely manner is implemented.  There are sometimes long delays between parties appearing in court and that time is not utilised to educate and investigate in appropriate time frames.  Of course any answer will involve additional funding which is unlikely in the current economic climate.