Family violence victims to lose vital access to justice
A vulnerable woman comes to court for the first time after being abused by her partner.
With the support of lawyers, she is trying to gain full custody of her children while he represents himself.
He continues to move through the city’s skyscraper, jostling with people in suits and robes.
The entire scene is overwhelming, from the security guards rummaging through her bag to the prospect of bowing to the judge and telling her story in public.
And when he finally finds the right door to enter, he will almost certainly come face to face with the perpetrator of his misery.
This pressure may prevent the woman from understanding what lawyers, judges, or magistrates have decided in her case.
This is a situation that victims and survivors of domestic violence face every day in Family Courts across Australia.
For four decades, Court Network volunteers have been helping women find their way through the complex justice system.
But starting in November, these vital volunteers will be out of sight because the federal government has decided not to commit the $300,000 needed to keep the program going.
Attorney General Michelle Rowland said the program has been provided “time-limited” funding through 2022, while other programs for separated families have been provided support.
Despite this, the volunteers disappeared from family courts in Brisbane and Sydney at the end of June and remained in Melbourne and Dandenong courts for only a few more months.
Court Networkers connect vulnerable court users with domestic violence and mental health support.
They also sit with them and take notes about the surprising events that often occur in the courtroom.
They even accompany them to the bathroom in situations where a traumatic situation could make them physically ill.
Nicky, who has been volunteering for 11 years, describes a difficult day recently when she supported two women who had lost custody of their children.
One was told by the judge that contact would be limited to identification only, meaning visitation or contact would be prohibited.
“He came out of the courtroom and was in the bathroom vomiting, so we’re there with him,” Nicky told AAP at the Court Network office at the Melbourne Family Court.
The morning before the meeting, he was also approached by a distressed-looking woman without legal representation who was trying to obtain an order for the return of her son to her.
The woman, who had just separated from her ex-husband, said that she was trying to keep her child away from him.
“The coercive control that was going on in their relationship was getting really strong,” says Nicky.
He helped the woman talk to an on-call lawyer because she couldn’t afford a lawyer.
Nicky then sat with him in court because she was quite anxious to stand up and explain her situation to the judge.
“I told him: ‘That won’t be a problem, we have unrepresented plaintiffs every day of the week. Everybody knows them, everybody sympathizes with them, and no one expects you to be a lawyer.'”
“I was basically saying, ‘You can talk to the judge the same way you talk to me because there’s nothing to worry about, he won’t fool you if you don’t understand.’
“She got up, was doing great, and received a recovery order stating that her child must be returned to her by 4pm today.”
Prue, 91, has been a Court Network volunteer for 25 years and was awarded an Order of Australia medal for her contribution.
“We have people whose husbands are threatening to kill them, there’s vomit, they’re losing the plot, they’re screaming because they’re not getting what they want,” she told AAP.
“They’re very vulnerable and it’s a matter of understanding them, but it’s really about loving them.”
The domestic violence survivor, who spoke on condition of anonymity because she feared her ex-partner, said Court Networker ensured “you won’t be on an island by yourself”.
“15 years ago I had never been in court before and I didn’t know what was good and what was bad,” he says.
“I was so scared.
“It wasn’t until someone sat next to me, a Court Networker, who made an incredible difference, who told me her story and was so calming.
“It reduces fear, confusion and isolation. It improves the justice system by helping people participate. It stops the system from stalling.”
Court Network chief executive Kate Cahill says cutting these vital volunteers is a matter of access to justice.
“It is predominantly women who will be disadvantaged by the unavailability of networkers.
“It’s really important to be able to participate safely and actively in your case; it’s a matter of access to justice and who will support these people if we’re not there?”
Approximately 56 percent of the people they support in court are experiencing domestic violence, and 60 percent have no legal representation.
Volunteers not only support victim survivors, they refer perpetrators of abuse to behavior change programs for men and provide them with emotional support in court.
“This means he won’t get emotionally excited in court, which means he will listen to what is said and is more likely to take that information into account,” says Ms Cahill.
“So it benefits both parties.”
Lawyers, judges, magistrates, court staff, and domestic violence and mental health professionals also depend on the support of volunteers.
“That means the entire temperature of the courtroom drops because people are more in control and can pay attention.”
Ms Cahill hopes charity funding will be available before November to keep the program alive and is lobbying politicians including Lidia Thorpe.
Independent senator Senator Thorpe raised the issue in parliament at the end of June, asking whether $300,000 was “really too much for a Labor government”.
The loss of the Court Network will have “far-reaching impacts,” according to Family Court Presiding Judge Will Alstergren.
“Domestic violence is a national crisis,” he says.
“Ensuring the Court Network is in place to ensure family law parties are supported, informed and connected to the right services must continue to be a top priority.”
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