What steps, if any, have been, or will be, taken to promote earlier resolution in Family Court matters, and what safeguards, if any, are in place to ensure these steps do not compromise decision quality, fairness or safety?

Answer

Proceedings under the Care of Children Act 2004 (CoCA) make up a significant proportion of Family Court matters. I am advised by the Ministry of Justice the following information: Parenting Through Separation (PTS) PTS courses are funded by the Ministry of Justice (the Ministry) to support separating or separated parents to make informed decisions about their children's care. The courses provide practical guidance for parents, guardians, and whānau to understand and respond to children’s needs following separation or changes in family circumstances. Parties are generally required to attend a parenting information programme, such as PTS, before filing certain applications, unless an exception applies, for example where there are family violence concerns. The Court may also direct attendance after proceedings have commenced. Family Dispute Resolution (FDR) FDR is a service funded by the Ministry that assists parents, guardians, and whānau to reach agreement on the care of children outside the Family Court. FDR influences the volume of applications made under CoCA. Parties are generally required to attempt FDR before filing certain proceedings, unless an exception applies, for example where there are family violence concerns. The Court may also direct attendance after proceedings have commenced. In July 2025, the Ministry implemented changes to FDR, making the service free for all participants and removing cost as a barrier to access. This was achieved within existing funding. Judicial settlement conferences The Court may also direct a settlement conference in many Family Court proceedings, including those under CoCA. The purpose of a settlement conference is to allow a Family Court Judge or Family Court Associate to determine whether some or all of the issues in dispute can be resolved, and to settle those issues. Safeguards and Quality Assurance A range of safeguards are in place to maintain decision quality, fairness, and safety in early resolution pathways. FDR mediators must meet qualification and accreditation standards and comply with legislative and contractual requirements. Child Specialist roles have been introduced within FDR to support consideration of children’s views in outcomes. Providers are responsible for screening parties to assess suitability for mediation, including identifying risks such as family violence or power imbalances. Where safety concerns are identified, matters may be referred to the Family Court or other appropriate services. Participation in FDR is voluntary, and parties may withdraw at any stage. PTS courses are delivered separately for each party, providing a setting for participants to express their views and supporting resolution outside the Family Court. These measures support timely resolution while maintaining safety, fairness, and quality of outcomes. Decisions to direct parties to attend PTS, to attend FDR after proceedings have commenced, or to attend settlement conferences are judicial decisions. Under section 4 of CoCA, the welfare and best interests of a child in their particular circumstances must be the first and paramount consideration.