The findings of a recent Whakauae partnership research project, Te Taniwha I Te Ao Ture-ā-Whānau, Whānau Experience of Care and Protection in the Family Court have now been released. The study highlights the struggles many whānau experience in their dealings with the Family Court. This report is unique in that it presents the views of those whānau who themselves have had recent dealings with the Family Court in relation to child care and protection issues. The experiences whānau shared with researchers are startling, graphic and deeply unsettling.
Whānau involved in the study reported feeling disempowered by Family Court processes that operated as though whānau were not even present in the courtroom. For instance, one study participant recounted: "I put my hand up to say something and the judge said, 'can we hurry up with this, I haven't had lunch'. I had my Pop with me [and] he said, 'excuse me your honour'. The judge just said that the 'next court date is ... court's adjourned'. He then got up and walked out. I just started crying. He just ignored us and took no notice whatsoever”.
Many whānau felt disadvantaged by the legal language used, and by the practices observed that were alien to them and difficult to understand. This was especially problematic for whānau when no explanations were provided about what was going on in the courtroom. As one study participant revealed "We were so broken and destroyed by then. It would have helped if things had been explained what's going to happen and what's going on. We just couldn't work anything out”.
Almost half of the study participants reported that they were unsure about what the roles of court officials were, including those of the court registrar, social workers and lawyers. There were frequent instances cited by whānau of breakdowns in Family Court-related administration and communication that meant, for example, that they were not told when court hearings were to be held. As a result of all these factors, many felt that they had been excluded from the decision-making process in relation to the care and protection of their tamariki.
The study suggests that Family Court structures, processes and personnel contribute to tamariki Māori making up 68% of children in state care despite comprising only 25% of all children in Aotearoa New Zealand. Findings point to the need for major changes to be made in a number of areas – in the attitudes and approach of Family Court personnel right through to shifts in the way that the system itself operates. Solutions proposed to improve the way the Family Court operates include adoption of a Te Tiriti consistent partnership model, with care and protection proceedings being considered by a Board equally representative of both Māori and non-Māori. The Board model would effectively remove care and protection cases from an already backlogged Family Court jurisdiction.
Te Taniwha I Te Ao Ture-ā-Whānau, Whānau Experience of Care and Protection in the Family Court research was led by Rotorua lawyer, Tania Williams Blyth with research support provided by Whakauae Research. Ms Williams Blyth told the New Zealand Herald, following the release of the report on 27 July 2020, that whilst Oranga Tamariki was a significant player in care and protection practice “the problem is it's the Family Court which makes [care and protection] decisions not Oranga Tamariki. We have 6500 kids in care. The Family Court made those orders. Ms Williams Blyth later told Radio New Zealand “there is absolutely nothing to stop … a Family Court judge saying, 'kia ora whānau, this is the application, this is what we're here for, do you understand that?' - and having that conversation. That's not difficult and that would be about respecting the mana of those who appear in your court."
Te Taniwha I Te Ao Ture-ā-Whānau, Whānau Experience of Care and Protection in the Family Court can be accessed at https://www.whakauae.co.nz/publications/technical-reports/5/
