When going through a divorce, child custody, child support, or other family law proceedings, it’s important to know that there are more legal professionals involved than just lawyers and judges.
Legal matters can be confusing and complicated, particularly when they involve personal issues like family law disputes. That’s why more courts are turning to family law facilitators to make the process more manageable for the parties and their families. So, what exactly is a family law facilitator, and what is their role?
What is a Family Law Facilitator?
A family law facilitator is a skilled legal professional whose job is to provide indirect assistance to both parties in a family law case in order to help them reach a final resolution. Often employed by the court, family law facilitators act as neutral parties to help those involved navigate the legal system as efficiently as possible.
Family law facilitators can be attorneys, but they don’t necessarily have to be. Qualified paralegals and legal assistants can also hold these positions. It’s essential to emphasize a family law facilitator’s neutrality; they do not act as an attorney or legal counsel for either the plaintiff or defendant, and attorney/client privilege does not apply to any conversations or interactions with them.
Therefore, if the plaintiff or defendant shares sensitive information with the facilitator, such as child abuse or kidnapping plans, the facilitator has the right and obligation to inform the court.
What Do Family Law Facilitators Do?
Family law facilitators assist both the petitioner and respondent in performing tasks to move their case forward or help bring it to a conclusion. One significant way they do this is by helping both parties with the required paperwork.
Understanding which forms to file and where is a critical part of resolving any legal matter, and not knowing the bureaucratic process can be frustrating for those unfamiliar with it. This assistance is especially crucial for pro se parties, which means that the person will be representing themselves during the legal proceedings.
The range of services facilitators may perform depends on the jurisdiction but can include any of the following:
- Filing opening petitions for divorce, child support, adoption, child custody, or other family law matters: Family law facilitators help initiate various family law cases by assisting with the preparation and filing of opening petitions. They ensure that the necessary paperwork is completed correctly and submitted to the appropriate court. This initial step is crucial, as it establishes the legal framework for addressing the specific issues in each case.
- Helping the petitioner or respondent find the appropriate legal form and providing instructions for completing them: Navigating the legal system can be challenging, especially for those unfamiliar with the process. Family law facilitators guide both parties in identifying the correct forms required for their case and offer clear instructions on how to complete them accurately. This guidance helps to prevent errors that could delay or complicate the case.
- Explaining unfamiliar legal terms: Legal jargon can be confusing, and misunderstandings may lead to mistakes or misinterpretations. Family law facilitators help by clarifying complex legal terms and concepts, ensuring that both parties have a better understanding of their cases and the legal process. This knowledge empowers individuals to make more informed decisions throughout the proceedings.
- Ensuring that the petitioner and respondent are aware of court proceedings and filing schedules: Family law cases often involve strict deadlines and procedural requirements. Family law facilitators keep both parties informed of upcoming court dates, filing deadlines, and any necessary steps they must take to keep their case moving forward.
- By ensuring that both parties are aware of and adhere to these schedules, facilitators help prevent delays and complications in the legal process.
- Providing information and/or referrals to social or legal services, such as domestic violence programs, legal aid organizations, and others: Family law facilitators often have extensive knowledge of available community resources and support services. They can connect individuals with organizations that provide assistance in various areas, such as counseling, housing, financial support, and legal representation.
- By providing information and referrals, facilitators help parties access valuable resources that can improve their situation and overall well-being during and after the legal process.
- Serving as a mediator to help resolve any issues that either party cannot agree on: In some jurisdictions, family law facilitators may also serve as mediators to help parties negotiate and reach agreements on contentious issues. Mediation is an alternative dispute resolution method that encourages open communication and collaboration between the parties.
- The facilitator, acting as a neutral third party, guides the discussion and helps the parties find common ground, fostering a more amicable resolution. Mediation can save time, reduce legal costs, and often leads to outcomes that are more satisfactory for both parties than those imposed by a judge.
Although a facilitator may serve as a mediator in some places, this option is not available in many others. However, the petitioner and respondent can still seek out a third party and initiate the mediation process themselves; it just means that the court will not provide one for them.
This list is not exhaustive of the help a family law facilitator can provide, and certain counties or jurisdictions may offer only some of these services. Check with your local county court or state website to see what specific tasks they handle for those dealing with family law situations.
Is a Facilitator the Same as a Court Clerk?
No. A court clerk is primarily an administrative position that deals with clerical tasks essential to the court’s daily function. They process court records, schedule hearings, and handle all fees associated with each case.
Clerks deal with every type of law, not just family law, and in populous counties, there are often multiple clerks, each working for a specific court (criminal, probate, civil, etc.). They maintain the court calendar and compile related documents like subpoenas, writs, injunctions, and judgments. While clerks may perform some tasks that family law facilitators do, they are entirely separate positions.
How Can I Get A Family Law Facilitator’s Help?
Not all counties have family law facilitators, so if you are seeking their assistance, contact the family court in your jurisdiction to see if they have them available and how to get in touch with one. You may need to make an appointment to see a facilitator. The best place to start is usually the family court website for your county.
Do I Need An Attorney To Help With My Family Law Issues?
While seeking the services of a family law facilitator can be helpful, you may also need to consult an experienced family lawyer to assist with your case. Unlike a facilitator, an attorney’s job is to advocate for you throughout the process and protect your rights. Hiring an attorney is often the best step if your case proceeds to a hearing or trial, as they will be there to represent you specifically.
If you think you need a family law facilitator, consider whether you might require more help than what a facilitator can offer. If you believe you do, it would be best to contact an attorney instead.
An experienced attorney can provide the legal advice and representation necessary to ensure the best possible outcome for your family law matter.
