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    Family Court Counselling

    Author: Timpany Walton       

    Joan Rotherham, of Timaru Lawlink firm Timpany Walton, explains about Family Court counselling.

    All couples have problems, but some problems are too hard to work out without non-judgmental, professional help. The Family Court gives free counselling to couples with relationship difficulties. There is no need for either party to apply to the Court for any order.

    Many people seek counselling when their relationship has broken down. Others approach the Family Court at an early stage, using its wide range of preventative services to repair their relationship.

    Counselling used to be seen as a way to keep marriages together, so it was thought that when couples had decided to separate it was too late for counselling to be of any help. However, counselling can help couples come to terms with the painful reality of separation and loss and get a clearer idea of each individual's personal problems. They can then separate without bitterness and learn new skills and insights that will enable them to start a more successful relationship later on.

    If couples can deal with their emotions in counselling, they can then focus on putting their children first when making arrangements for custody and access. Their children will then be less upset during the early stages of separation. When a person applies for a custody or access order, the Court almost always refers the dispute to counselling. In many cases the parents manage to settle the dispute with the help of the counsellor. But some disputes cannot be settled by counselling. If there has been domestic violence and one party is afraid of the other, counselling may not help.

    Family Court counsellors deal with problems ranging from communication difficulties to unresolved ongoing conflicts. They include value differences, contrasts in parenting methods, gender issues, step parenting, addiction to alcohol or drugs, violence, and many other issues. Counselling helps people work through their feelings and make informed choices. It may help them see that they need to use other services to deal with problems such as anger, alcohol or drug addiction, or gambling.

    Counselling can also help people:
  • understand their problems better

  • consider their various options

  • rebuild their relationship

  • cope with separation and loss

  • increase their personal insight

  • understand the things that weaken and strengthen relationships

  • learn how to enter into more satisfying relationships in the future

  • learn how to have a better lifestyle

  • settle custody and access problems

  • learn how to help their children adjust to the separation


  • When the Family Court was set up in 1980, the counselling services available to it were greatly increased. The Court contracts out its counselling to several psychotherapists, social workers, counsellors, and psychologists. At first, people using the Family Court doubted the usefulness of counselling in settling their disputes. But counselling has become one of the Family Court's most successful aspects. It has helped reduce applications for court orders and has made many disputes less bitter and less stressful.

    Counselling fits in well with the Family Court's "no-fault" approach to separation. The goal is to have as few disputes as possible and to help people settle their disputes out of court.

    Copyright The Lawlink Group Ltd 2001

    Every effort has been made to ensure that this information is accurate. However, it is general introductory information only. It does not constitute legal advice and should not be relied on as such. Specialist legal advice should be sought in particular matters.

    Joan Rotherham is an Associate in the Lawlink firm of Timpany Walton. Joan has many years' experience in all aspects of family law, in which she has practised almost exclusively for all her career.

    Web site:
    Timpany Walton
    Email: joan.rotherham@timpanywalton.co.nz

    December 2001

    Lawlink


    January, 2002