Black Friday continues for NZ Law Society

Another protest is scheduled this week by Families 4 Justice outside the NZ Law Society in Auckland following last Fridays event.

The group is a non gender bias organisation which claims the New Zealand Family Court and its associates CYFS, the Police and Specialist Report writers are not delivering on their remit to help families and actually causing more harm than good. The protests are to highlight the abuse of power they state is occurring in the Family Court which is being suppressed because the court is silent. The Law Society is coming under increasing public pressure for failing to hold its members accountable for abuse within the legal fraternity. (11)

One of the most concerning stories of the group is a parent who raised concerns with the NZ police, lawyer for child, CYFS and the judiciary for three years. These concerns were not acted on and his children were used in a two drug operations involving methampetamine. He has had his son returned to his care but is still fighting for his daughter. (8)

The group, established on Aucklands North Shore in 1987, has 1500 Facebook followers and 145,000 shares on its first protests outside CYFS offices in Takapuna, Greenlane and Otara after aligning themselves with a worldwide Facebook group called 'Parents punished for protecting'.

Speaking on Newstalk ZB yesterday, Evans said "We need a Royal Commission of Inquiry into the Family Court". (13)

"We are seeing bankruptcies, suicide , mental health issues and complete family destruction because of family court involvement. One third of parents don't want the conflict so give the other parent custody, one third leave the court because they are no longer able to afford to pay a lawyer and the other third are still fighting, often self litigating, and often with PTSD as a result of their experience". Sid Hanzlik torched himself outside of Parliament two days before this years general election. (9)

"Of concern at last weeks protest outside the NZ Law Society is that several family court lawyers stood opposite us laughing. I think they are laughing all the way to the bank, but it highlights the fact they don't have the empathy to deal with our situation" says Evans.

Serious concerns about the Family Court have been raised historically by court users.In 2017 the Backbone Collective, a group advocating for victims of domestic violence and abuse, called for a Royal Commission of Inquiry into the Family Court claiming that the system is failing them. (4)

An online Facebook post by the group Family Court states People who have not been to the family court think lawyers and judges do what is best for children, they rely on evidence and the truth, they never would put a child in a dangerous situation, they would follow the laws. People who have been to the family court know lawyers and judges are totally corrupt, they do not follow the laws, they have no rules, no trial, they put kids with abusive parents, they do not look at the evidence, they do not care about the children, it's an insane crazy house circus without rules, they act like insane lunatics, and treat everyone like criminals and destroy the lives of children and parents. (12)

Last month Andrew Little declared a third Ministerial Enquiry into the Family Court is being called for.

"I'm sufficiently concerned about what I'm hearing, which is why we will be initiating a review of the Family Court. We have a major concern about access to justice generally, and the time taken to get things sorted out is just way too long." said Little. (1)

It is guesstimated that the New Zealand Family Court makes $8.8 billion dollars a year and hears over 60,000 applications per annum.

Over fifteen years ago the family court started talking about removing lawyers from the Family Court and in 2014 decreed it be compulsory that couples first go to mediation unless domestic violence has been an issue.Families 4 Justice believes it is in the best interests children and families that a mediation service and judge led resolve failing agreement would be far more useful for families and point to a well written submission supplied by a family cocurt lawyer Patrick Kaymnemyer that was ignored by the select committee.

"We see lawyers exacerbating conflict in the court when the fisrt role of a lawyer is mediation and reconcialtion . Currently cases are taking a year to five years to be heard. (7) Adversarial legal proceedings that encourage character assassination and perjury by all parties involved in family court proceedings makes a mockery of justice for the honest parent. In the family court there is no penalty for making false accusations that would typically attract a minimum three year jail term in the criminal court and it is unacceptable that court users are telling us that government officials are participating in this practise also. This is not a healthy resolve for families" says Evans.

Since lawyers were removed from the mediation process in 2014 without notice applications which were 30% have increased to 80%. Without notice applications are the only way a lawyer can be involved in the family court process and it used to be considered serious if a lawyer filed such without merit. They are decided by a judge typically within 24 hours without input from the respondent.

"The Law Society has overlooked this so that there members can get back in on the game whilst throwing NZ children under the bus and then blaming this rise on self litigants" says Evans. "What we need is lawyers to get out all together. They make money by exacerbating conflict not shutting it down and its harming our children". (10)

In the criminal court perjury carries a minimum sentence of three years, as Christchurchs Black Widow found out when she made false allegations to police about her son harassing her.

Indeed Dame Margaret Bazley in her 2009 review of the legal aid blowout (family court users at the time being one of the highest users of legal aid) cited that legal aid lawyers were 'gaming the system' - exacerbating conflict, asking for top up payments on legal aid and operating in their own best interests instead of their clients. The Manukau Court was the worst, with 80% of legal aid lawyers doing such". (2)

Dame Margaret Bazley has recently been commissioned by Russell Mcveagh to investigate allegations of sexual harassment within the company and the culture of the organisation that created such.

Says McKenzie Friend Professional Director Vinay Deobhakta. "The benefit of taking a McKenzie friend into court with you with versus a lawyer is the huge costs savings but the Mckenzie friend has to be very good and I suggest professionally trained.” Last month New Zealands first professionally trained McKenzie friends graduated from Deobhakta’s company. (3)

A McKenzie friend is a layperson who can assist in and out of court matters, sit beside you in court and give you direction. In some cases senior Mckenzie Friends such as Deobhakta can speak to a judge directly in the right circumstances. Mckenzie Friends are certainly a more affordable option for many parents.

Mr Evans agrees you must self litigate because the cost of legal proceedings will destroy you and justice will be denied should you run out of money. Many of these cases are taking over two years to be heard. His comments highlight another reason the family court can't deliver the best interests of the child. "Justice delayed is justice denied and the system rewards parents who 'lawyer up' and bully the other parent" says Evans.

North Shore based Childrens Rights New Zealand, expresses similar concerns about human rights breaches made by the New Zealand Family Court. Dr Lisa Shamseldin Director says the New Zealand Family Court has been under international scrutiny for several years now. Shamseldin often appears as an expert witness in family court cases and has approximately 20,000 followers across social media such as Linkedin, FaceBook and Twitter.(6) (14)

Families for Justice have plans to continue protesting throughout the country until their voices are heard. They can be contacted on their Facebook page. (5)

References
1. https://www.stuff.co.nz/national/101673105/on-her-deathbed-domestic-violence-victim-challenges-family-court-failings

2. https://en.wikipedia.org/wiki/Legal_aid_in_New_Zealand

3. http://www.scoop.co.nz/stories/BU1803/S00259/graduates-signal-a-celebration-for-our-justice-system.htm

4. http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11871500

5, http://www.nzherald.co.nz/northern-advocate/news/article.cfm?c_id=1503450&objectid=12002243

6. https://www.linkedin.com/in/lisashamseldin/

7. court statistics of cases heard and number of judges (attached)

8. http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11754941

9. https://www.stuff.co.nz/national/97068311/man-who-died-after-setting-himself-on-fire-at-parliament-was-zdenek-hanzlik

10. https://www.pressreader.com/new-zealand/the-dominion-post/20180412/281646780718322

11. https://www.stuff.co.nz/dominion-post/news/103040244/metoo-blogger-stresses-independence-from-law-society

12. https://www.stuff.co.nz/dominion-post/news/103040244/metoo-blogger-stresses-independence-from-law-society

13. http://www.newstalkzb.co.nz/on-air/christchurch/canterbury-mornings/audio/protesters-calling-for-royal-commission-of-inquiry-into-family-court-system/

14. http://120.138.20.16/WeekOnDemand/ZB/christchurch/2018.04.17-11.30.00-S.mp3

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