family court mediation and counselling service of western australia 1 the columbus program and its...

Family Court Mediation and Counselling Service of Western Australia1

The Columbus Program and its impact on the Family Court of Western Australia

Kay Benham (Director Court Counselling )

WA Justice Research Conference

24 November 2005


Outline of Presentation

Brief description of FCWA Overview of Columbus program, evaluation

design and findings Impact of program and its role in informing new

developments Future challenges


State-based Court - 7,200 new files annually

One Registry in Perth - 5 regional centres (42 circuits annually)

Six Judges, Eight Magistrate/Registrars

Thirteen Court Mediator / Counsellors

Forty plus Support Personnel

•Approx 2,400 new children’s referrals

THE FAMILY COURT of WESTERN AUSTRALIA

(Est. 1975)


Historical Flow Chart – Child cases

Application – Interim or Final orders

(Judicial Officer) (Mediator/Counsellor)

First Hearing Mediation/Counselling

Second Hearing, or Family Report (wishes of child) Conciliation Conference

Conciliation, orPretrial Conference Mediation/Counselling

Trial Post trial Counselling

Supervision of orders (12 months)

CONSENT

ORDERS


Conceptual Framework

“There has to be a better way”

Informality / Helping Court

More Inquisitorial

Less Adversarial

Therapeutic Jurisprudence

THE FAMILY COURT of WESTERN AUSTRALIA


The Columbus Pilot

Idea developed by 2 counsellors in 1999

Finally implemented July 2001

Formally launched November 2001

Pilot completed December 2002

Early intervention programme to address issues of: Family Violence

Child Abuse

Substance abuse/mental health issues


AIMS OF PROGRAM

Early identification and fast tracking of child abuse and family violence cases

A multi-disciplinary team approach Information sharing and collaboration with

other agencies Assistance for families to engage in treatment

and education programs Reduction in the number of court events


AIMS OF PILOT CONT

Improved residence and contact outcomes for children

Improved durability of agreements Enhanced safety of children


Columbus Features

Individualised Case ManagementJointly managed by:

Designated Registrar and Court Counsellor

Jointly-chaired Case Conferences (Multiple and Privileged)

Treatment/reports from external services


Pilot Control Group

(N = 53) (N = 58)

Children 86 90‘Invisible’ Children 49 70 (Half Siblings)

Stepfamily Issues: 65% 71%

Grandparent Involvement: 37% 31%

Parental drug use: (n = 106 : 116) 48%

36%

COLUMBUS PILOT : ISSUES


EVALUATION DESIGN

Stages:

I Design, methodology testing, observation of court events

II Case mapping, relative cost / outcome analysis and stakeholder interviews

III Interviews with Columbus parents, their children, and legal representatives

IV Interviews with Control Group parents, their children, and legal representatives

NB: Input from stakeholder interviews is integrated with Stages III and IV


Conclusions / Recommendations

1. Overall program met its objectives

2. Important role of early intervention,

3. Advantages of ICM and inter-disciplinary teams,

4. Need for all work to be reportable

5. Importance of interface with LAWA, DCD and

community organisations – the place of formal protocols,

6. The need for longitudinal data and ongoing research

capacity in the Court,

7. The value of links with universities.


IMPACT

1. Change of culture in FCWA

2. Increased collaboration with other agencies

3. Family Court Reference Group (Children’s Cases) and Research Reference Group

4. Changing role of legal representatives

5. Value of research partnerships (funding and risk issues)

6. Need to evaluate each new initiative


Developing new children’s cases model

Joint working party (Principal Registrar, D Court Counselling plus 2 registrars, 2 counsellors)

Incorporating Lessons from Columbus

• Joint registrar / counsellor approach

• Identifying abuse issues early

• Acknowledging complexity of issues (need to screen)

• External referrals

• Need to monitor and follow up

• Evaluation


First Court Event –

• Staged process with Mediator/Counsellor (2 hours), (includes the parties’ legal representatives)

• Separate interviews with client and his/her lawyer (if represented) to:

clarify issues,

assess risk (family violence, child abuse)

screen (substance abuse, medical /psychiatric issues)

• Proceed on case by case basis after initial interviews

• Clarify issues and provide assessment and recommendations

• Discuss, Negotiate, and Plan case management options

Case Assessment Conferences – (July 2004)


Procedural Hearing

• Conducted by Registrar (in CAC room) jointly with Mediator/Counsellor, and lawyers

• Orders by consent and procedural orders, guided by mediator/counsellor’s assessment

Follow-up counselling / individualised case management to:

• address underlying issues

• monitor referrals to support agencies

• produce more stable long-term outcomes

Case Assessment Conferences – (July 2004)


CHALLENGES

• Positioning the court for the introduction of FRC’s and new legislation

• Full implementation of the new Children’s Cases model including reportable work

• Child inclusive work• Developing and implementing operating procedures,

relevant training, and protocols,• Integrating these with government and non-

government agencies / services, and• Establishing ongoing evaluation regimes and research

partnerships.


CONTACT DETAILS

Family Court Mediation and Counselling Service

Phone 92248248

Fax 92248244

Registry 92248222

1800 199228Level 3150 Terrace Road, PerthGPO Box 1991, Perth WA [email protected]

family court mediation and counselling service of western australia 1 the columbus program and its...

Documents