The Dear Divorce Diary co-host discusses the role of social science in this area of law
For Dr Darren Mort, family law is a field that requires “some degree of empathy”. The Melbourne-based barrister does his best to help people get out of litigation as soon as he can, understanding the costs associated with the court process.
Last week, the Dear Divorce Diary co-host shared to Australasian Lawyer what he considers the most important thing he got involved in over the past year; in the second half of this interview, he talks a big picture issue in the Family Court and the complexity of legislation today.
What’s one misconception you think people have about lawyers, and how would you correct that misconception?
One of the misconceptions is that they don’t really care and it’s all about the money. First, most people do not do family law without some degree of empathy. As lawyers, we do not generate the work, the work comes to us. Secondly, we do our best to assist people with their issues and attempt to get them out of their litigation nightmares, as soon as possible. Sometimes that is difficult as one party is along for the ride. The court process is very expensive and there are significant delays in the system.
Outcomes can also be varied depending on the experience of the judge. Some judges in the Family Court did not even practice as family lawyers, so there is a wide range of results and the exercise of their individual discretions. But generally we try to do the best we can. Sure, there are some black sheep but they are the exception in my experience. To correct any misconceptions we need to address these matters openly. Our podcast Dear Divorce Diary on YouTube does that very thing.
What challenges are particularly pressing in the country’s legal industry?
In the Family Court, the big picture issue is the intersection of social science and the Family Law Act. Most parenting cases suffer from the rigidity of a legal framework that would be better dealt with outside any litigation with a therapeutic approach. I feel that children deserve that. Times have changed; resources are less and in most cases litigation is unaffordable. I truly believe we can do better. The challenge is reducing conflict and family violence and laying a pathway down for a better future for our children. As stated, that’s where social science plays an important role.
What are your thoughts on the current state of the rule of law worldwide?
That is a very broad and general question. I believe as a society we are becoming increasingly regulated; legislation is more complex; the objectivity is being diluted by subjective thinking. The world is expanding at a rapid pace and the law makers cannot keep up with competing demands, as technology and human needs overtake. I believe in some respects that we need to pause and look at our current systems and attempt to discover how we might do things better and more efficiently. In many respects I feel it is time to go back to the drawing board; to cease to amend simply existing legislation and attempt to discover better ways of doing things that meets with today’s specific needs.
What are you looking forward to the most in the coming year?
There is so much. Joplin Higgins OAM, Family Solicitor and I are currently producing a podcast, Dear Divorce Diary on YouTube and all streamers, including Spotify. Check out Jop and I on TikTok as well and on Insta. It is about all things family law for the general public with useful tips and information.
I am also receiving my honorary doctorate for my international work with children, I am presenting our films in Thailand, Singapore and Seattle. Trial work is busy and fulfilling as well. I am also in pre-production for my new film Jack & Jill to be filmed late this year.
