When does justice delayed becomes justice denied?
The government has made mediation a compulsory requirement since 2006. This is with regard to family law parenting issues.
However, at the same time, the government did not stipulate any time requirements in carrying out this process.
This compulsory mediation process is very slow and as a result it is unfair.
A person who has to fulfil this mediation requirement may approach a family relationship centre in good faith. They are then told that they have to wait two weeks to take part in what is called a phone intake. This is to provide the names of the parties and the details of the issue – whether the issue is large or small.
However this is just the start. Later there will be an assessment interview. Then there will be an information session sometime later. Then still later there will be a resolution session.
This process could take months and months to carry out.
If the matter is still not resolved, then what is called a 60I certificate can be issued and the matter can proceed to court.
Family law issues are very much issues of status quo. The longer an issue takes to resolve, the easier it is for the status quo to take control.
The government has ignored the fact that justice delayed is also justice denied.
In other words, by not having a relatively short time limit set for compulsory mediation or by not having mediation made compulsory at all, our legislators have made family law problems just that more complex.
John Flanagan
Non-Custodial Parents Party (Equal Parenting)
