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Open PDF - Self represented Litigants a challenge - Size 786 KB

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FAMILY COURT OF AUSTRALIA<br />

Particular difficulties for child representatives when they are dealing with SRLs.<br />

There is an unconscious temptation to run the case of the SRL. This creates extra<br />

work. When both parties are SRLs the child rep tends to run the entire hearing.<br />

Proposes a separate case management track for SRL cases. More case<br />

management. <strong>Litigants</strong> respond better to direction/information from the court<br />

than they do if it comes from the other party. A piece of paper with a court seal<br />

with what is to be done by the next date – similar to the terms of settlement sheet<br />

used at Parramatta. Issues of language problems need to be addressed. Refer to<br />

sheet used by Brisbane – referred to in case studies booklet. Provides authority<br />

for a CLC to contact and speak to the court.<br />

6.4 Ray Lenton – Lone Parent Support Network<br />

Has been helping SRLs for 2 years, both men and women. His own experience<br />

was with representation for 18 months and then became an SRL. With limited<br />

understanding of the system. Background in social sciences.<br />

Found solicitors did not spend enough time with him to understand what was<br />

happening. Alone in court looking to serve the best interests of the children.<br />

Following directions given, it is usually possible to find the way through the<br />

system. Appears often as a McKenzie’s friend as a way to provide lay support for<br />

SRLs. Helps to get a resolution of the case. Has achieved improved family<br />

arrangements in most cases.<br />

Offers a workshop based program which also deals with AVOs. Also offers a<br />

workshop on ‘making contact work’ which places high value on contact.<br />

Another is on child support with a loose structure.<br />

Provides assistance to people after the hearing, which has long been recognised<br />

as a gap in service. Understanding the grief when the case is lost. For people<br />

who have been through the process both with and without representation.<br />

Help is provided by ‘para-professionals’ with limited training in community<br />

support. It is not a therapeutic process. The aim is to have the peer support<br />

program he offers supported and extended. Would like to have his flyers made<br />

available in the registry.<br />

Issue for men is not so much a lack of services but they are hard to find. Men<br />

may not want help and they have a limited understanding of the broader welfare<br />

system. Violence is acknowledged as an issue but it is not all one way.<br />

52

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