Tuesday, August 13, 2002

A story published today by the West Australian reports that an increase of complex issues such as domestic violence and child abuse is contributing to the backlog of divorce cases in western Australia.

Lawyers warned that families, especially children, were suffering under the stress of delays and costs - said to be more than $15,000 if a marriage breakup goes through the whole Family Court process.

Currently, hundreds of separated couples in WA faced a wait of more than a year for trials over divorce disputes. Family Court Chief Judge Michael Holden said the long wait was unacceptable, especially where children were involved.

Family Law Practitioners' Association president Elaine Campione said an increase in complex cases, more self-representation and the lack of resources at the Family Court had contributed to the trial delays. Without statistics, it was impossible to say if people were becoming more litigious.

Ms Campione said the lack of resources extended to the court's family counseling service. Some families were being ordered to attend the service but had trouble getting appointments, causing further delays.

Relationships Australia principal mediator Margaret Halsmith said her organization has helped about 400 couples a year achieve agreements involving property and children.

Couples faced a two to four-week wait and the cost ranged from $40 to $150 an hour. Most couples needed four to five sessions of varying times to come to an agreement.

Agreements made via mediators, who must be qualified under the Family Law Act, can be registered in the Family Court and become legally binding.