Rahayu Mahzam on Family Justice Reform Bill
The filing of unnecessary applications in family court proceedings prolongs the process, promotes acrimony and strains judicial resources, said Senior Parliamentary Secretary for Law Rahayu Mahzam. A new Bill up for debate in the House on Monday (May 8) therefore empowers the court to disallow the filing of further applications that would impede a resolution of the case or have an adverse effect on a child’s welfare, without seeking its permission first. This will ensure that unmeritorious applications are weeded out at an early stage, as recommended by the Committee to Review and Enhance Reforms in the Family Justice System in 2019. The Bill also strengthens the judge-led approach to family proceedings. For instance, it allows for judges to make orders of a substantive nature of their own accord, such as making an interim access order for a child to have contact time with a parent at the case conference stage, even if no party applies for such an order. Judges will also be able to restrict cross-examination in some circumstances, such as when the questioning of a vulnerable witness could be unduly intimidating or oppressive. The Bill also provides that Family Justice Rules may set out the modes by which a child’s wishes may be determined by the court, and this includes judges conducting interviews with the child. Other amendments are to simplify court terminology and streamline processes.
The filing of unnecessary applications in family court proceedings prolongs the process, promotes acrimony and strains judicial resources, said Senior Parliamentary Secretary for Law Rahayu Mahzam. A new Bill up for debate in the House on Monday (May 8) therefore empowers the court to disallow the filing of further applications that would impede a resolution of the case or have an adverse effect on a child’s welfare, without seeking its permission first. This will ensure that unmeritorious applications are weeded out at an early stage, as recommended by the Committee to Review and Enhance Reforms in the Family Justice System in 2019. The Bill also strengthens the judge-led approach to family proceedings. For instance, it allows for judges to make orders of a substantive nature of their own accord, such as making an interim access order for a child to have contact time with a parent at the case conference stage, even if no party applies for such an order. Judges will also be able to restrict cross-examination in some circumstances, such as when the questioning of a vulnerable witness could be unduly intimidating or oppressive. The Bill also provides that Family Justice Rules may set out the modes by which a child’s wishes may be determined by the court, and this includes judges conducting interviews with the child. Other amendments are to simplify court terminology and streamline processes.
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