New hope for family courts

Published Tuesday September 2nd, 2008
A4

Justice Minister T.J. Burke's decision to expedite funding for three new family court judges is welcome, if a bit overdue. New Brunswickers will likely find out this week whether the federal government has time to appoint the judges before calling a snap fall election.

The principle "justice delayed is justice denied" is especially true when it comes to family court. Parents go to court seeking access to their children, restraining orders against abusive spouses, and supervisory orders. When courts move slowly, it's the children who suffer.

Apart from getting new judges on the bench, there are three areas in which New Brunswickers must make headway:

*Child support. Failure to pay child support is a major issue. The province is trying to create a more efficient and effective process - for example, cancelling the driver's licences of parents who do not pay child support. The government has issued 108 warnings since February and suspended 43 licences. The result? Parents who had been delinquent in paying made more than $100,000 in support payments.

*Alternative processes. Experts believe most family disputes can be resolved through alternative legal processes. This would free up judges to hear the most urgent and demanding cases. The provincial government has received recommendations from a family law task force which could reduce the number of cases heard in court by 98 per cent.

*Legal representation. Many parents cannot afford legal counsel and do not qualify for legal aid. They opt to argue their own cases in court, and this slows the legal process down. It now takes 10 months to schedule a hearing. The justice minister believes the changes his department is planning can guarantee most family law cases are closed within 120 days.

Mr. Burke estimates it's going to take one to two years to get reforms in place. That's about the time parents now wait for family court issues to be resolved. If the minister can deliver turnaround times of 120 days that produce just results, it will be the best thing that has happened to New Brunswick's family law system in decades.

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