We are planning to file an Appeal in the Appellate Court focusing on the delays in the Family Court. We know many parents who are waiting up to 5 years to get a court hearing in the Family Court which is disgusting and horrible and not in the best interests of any child or parents or any family members.
How you can help the cause ?
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Section 5 – Principles relating to child’s welfare and best interests. The principles relating to a child’s welfare and best interests are that— 4
Waiting Up to 2-5 years to be heard or a family case to be sorted is clear breach of Natural Justice. The systemic delays is resulting in unfair hearings “Justice delayed, Justice Denied”
Temporary Protection Orders and the delays of being heard (should be within 3 months) are a key factor in the separation of children and parents. TPO’s impose an automatic guilty sentence until you prove yourself innocent. Some people don’t get to a hearing stage well beyond three months and are denied supervised visits (pending various investigations). I was advised not to see my children by a Judge because he suspected coaching and influencing by the other parent. 8 months later, after the ‘All Clear’ was given, the court then said my children needed therapy so that they could be re-introduced into my life. All because of the impact of the on-going influencing and a rotten lawyer for child who sat on a Police report that advised the children had indeed been coached and influenced.
While the first priority should be children’s safety, how many parents and children go through the Family Court mincer because of lies? Perjury is big business in the Family court.
Yes. I’m puzzled at the term “Temporary” Protection Order. Surely if something is temporary then it should have an expiry date e.g. 90 days. How can it be temporary if it never expires?
We are of course told “It only becomes permanent if you don’t appeal it”. And “If you appeal then it will remain in place for however long it takes you to get a hearing (an indeterminate number of years?). At the hearing you must prove your innocence and make a case why the protection order should be lifted. The onus is not on the other party to prove your guilt (that has already happened) – the onus is on you to prove your innocence.
In other words, by any definition its actually a Permanent Protection Order. You’ve been found guilty and sentenced without any due process (or likely even any knowledge you had been charged). As with any conviction you can spend $100,000 on legal fees to lodge an appeal (2, 3, 4 years…). But s with any criminal conviction your sentence will remain in place permanently until then.
Flash
Guest
10 months ago
Family Court has not been funded enough to process the matters where time is of the essence
I once thought this too until I saw how much money lawyers were making from legal aid. There’s something seriously wrong with the system when a solitary barrister can earn over 600k in a year from legal aid.
Temporary Protection Orders and the delays of being heard (should be within 3 months) are a key factor in the separation of children and parents. TPO’s impose an automatic guilty sentence until you prove yourself innocent. Some people don’t get to a hearing stage well beyond three months and are denied supervised visits (pending various investigations). I was advised not to see my children by a Judge because he suspected coaching and influencing by the other parent. 8 months later, after the ‘All Clear’ was given, the court then said my children needed therapy so that they could be re-introduced into my life. All because of the impact of the on-going influencing and a rotten lawyer for child who sat on a Police report that advised the children had indeed been coached and influenced.
While the first priority should be children’s safety, how many parents and children go through the Family Court mincer because of lies? Perjury is big business in the Family court.
Yes. I’m puzzled at the term “Temporary” Protection Order. Surely if something is temporary then it should have an expiry date e.g. 90 days. How can it be temporary if it never expires?
We are of course told “It only becomes permanent if you don’t appeal it”. And “If you appeal then it will remain in place for however long it takes you to get a hearing (an indeterminate number of years?). At the hearing you must prove your innocence and make a case why the protection order should be lifted. The onus is not on the other party to prove your guilt (that has already happened) – the onus is on you to prove your innocence.
In other words, by any definition its actually a Permanent Protection Order. You’ve been found guilty and sentenced without any due process (or likely even any knowledge you had been charged). As with any conviction you can spend $100,000 on legal fees to lodge an appeal (2, 3, 4 years…). But s with any criminal conviction your sentence will remain in place permanently until then.
Family Court has not been funded enough to process the matters where time is of the essence
I once thought this too until I saw how much money lawyers were making from legal aid. There’s something seriously wrong with the system when a solitary barrister can earn over 600k in a year from legal aid.
https://www.justice.govt.nz/about/lawyers-and-service-providers/legal-aid-lawyers/legal-aid-payments-to-firms/
Scary figures. The legal mafia career is flourishing….
Flash I must disagree. The FC processes are made complicated to create a clogged system. It’s all done deliberately