January 13, 2026

#SummerSeries — Family Court: Time for Reform?

Matthew Tukaki Posted On January 13, 2026

As families across Aotearoa navigate separation, custody disputes and whānau conflict, questions are mounting about whether the Family Court system is functioning fairly and effectively for New Zealanders – especially for tamariki and vulnerable whānau. The issue has drawn scrutiny from legal academics, community advocates and families affected by the justice system.

Critics point to multiple concerns: long delays, complex procedures, trauma for families in conflict, and decisions that may rest on weak or misleading evidence rather than solid research. A recent academic study by Associate Professor Carrie Leonetti of the University of Auckland Law School warns that the Family Court is routinely relying on poor-quality or “junk” evidence in crucial child welfare decisions, which can put children’s futures at risk.

Other advocates note that the courts’ culture of secrecy – where published details of Family Court proceedings are tightly restricted – can prevent public understanding and accountability, leaving families feeling unheard and powerless.

There are also broader voices calling for systemic change in how family justice is delivered, including survivor-led groups and parent campaigns that describe the system as harsh and retraumatising for many who come before it.

To unpack these issues and discuss what reform might look like, Radio Waatea spoke with Associate Professor Carrie Leonetti about her research and views on the Family Court’s challenges:

Listen to the full interview with Carrie Leonetti here:
https://waateanews.com/2025/07/23/carrie-leonetti-associate-professor-at-auckland-law-school/ (waateanews.com)

In the interview, Leonetti highlights concerns about evidence quality in court decisions, the protections for children’s wellbeing, and how current practices may inadvertently harm whānau rather than support them. She suggests that without clearer standards for expert evidence and a more transparent process, the Family Court risks reaching outcomes that don’t truly serve the best interests of tamariki and whānau.

At the same time, there are ongoing reform efforts underway: new initiatives aim to reduce delays, improve access to legal support and introduce roles like Family Court Associates to ease judges’ workloads and help streamline cases.

Parliament has also seen debate on bills intended to give children more voice in court decisions and better protect against family violence.

But for many, these incremental changes do not go far enough. The question being asked across legal, community and Māori advocacy circles is whether the current system urgently needs deeper transformation – one that centres tamariki, honours cultural safety and delivers justice with empathy and true fairness.

As Aotearoa continues these discussions, the voices of lived experience and expert insight – like those shared with Radio Waatea – will remain central to shaping how family justice evolves for all whānau.