This research aims to understand the causes of an increase in without notice COCA applications being filed in the Family Court. Three questions underpinned this research:
- What are the key drivers for applicants when choosing to file without notice applications?
- What impact does filing a without notice application have on involved parties and processes?
- To what extent have the Family Court reforms influenced the increase in without notice applications?
Methodology
The research employed a qualitative methodology in order to understand applicants’ motivations and reasons for filing a without notice application. A total of 59 interviews were completed – 43 with individuals that made COCA applications, three with Family Court judges, eight with lawyers and five with Family Court staff. Interviews with applicants, lawyers and Court staff were undertaken in Christchurch and Wellington. The research was undertaken from 1 May to 30 June 2017.
Limitations: The qualitative research method was selected by the Ministry of Justice because the purpose of the research was to understand the applicants’ reasons and motivations for making a without notice application. The purposive sampling method4 and sample size mean the research findings cannot be generalised to all without notice applicants. Therefore, this research is indicative and refers only to without notice applicants interviewed.