The Problem
NYC Family Court is under-resourced and overburdened โ and there is not enough publicly available data about what happens in court.
There are approximately 500,000 filings each year in Family Court throughout NY State, with more than a quarter of those filed in New York City. Major decisions that impact families and children in our community are made in Family Court in cases concerning child support, custody, and protection for survivors of intimate partner violence. But most of us have no idea what goes on inside the courtroom. There is scant publicly available data about court experiences or outcomes โ and the high-level data that is available from Family Court is about the number of cases that are filed, the number that are concluded, and the number still in progress. It neither informs those engaging with the system about what to expect in court nor supports advocacy for system improvements.
The Solution
Report From Court
Her Justice works with thousands of pro bono attorneys each year who are true advocates in our community. Through Report From Court, they are reporting what they see on the ground in the hopes of making the unseen visible to those who have the power to affect change and create a better justice system for all New Yorkers. The project asks our partners to respond to a survey after each court appearance, providing ongoing critical insight into the experience in New York City Family Court.
What Was it Like in Court Today?
Her Justice typically goes to court with a client multiple times during the course of litigation. We ask our lawyers representing clients in Family Court to describe how the experience felt during their court appearance.
| Today’s appearance felt comfortable. The Support Magistrate gave counsel room to raise issues and helped direct the parties toward settlement. |
| It felt useless as usual. The case has been dragging on for three years and the next appearance is scheduled for six months from now. While my client’s order of temporary child support has remained in place, it is a burden that she has to keep showing up to court. |
| We were scheduled for a two-hour trial to determine a final order of child support, but the Support Magistrate scheduled another case at the same time. We ended up getting 20 minutes before the court. We will return in six months for another court appearance. |
| Today we had a virtual court appearance. I am always anxious about technical glitches. I was concerned when the case was adjourned, but the client did not seem upset because we assume the next date will be virtual and that is more convenient for her than appearing in person. |
Who uses the NYC Family Courts?
More than 90% of litigants in Family Court navigate the process without a lawyer, and reports show that the majority of litigants in New York Family Court are people of color. Her Justice represents women living in poverty who cannot afford to retain an attorney; 93% of our clients are women of color. To further document who is impacted by the Family Court experience, we ask our lawyers to report on the observed gender and race of the parties involved in each case.
Her Justice represents clients who identify as women. We ask lawyers to observe and report the gender of the adverse party.
Client’s Gender
Adverse Party’s Gender
We ask lawyers to observe and report the race of their client and the adverse party.
Client’s Race
Adverse Party’s Race
Where are the courts and what are the issues?
Her Justice and our pro bono partners represent clients in Family Court in each of the five boroughs of New York City on issues ranging from child and spousal support, custody, visitation, orders of protection, and parentage.
For more explanation about case types, see here.
Throughout the course of a litigation, the parties to the case and lawyers (if any) are scheduled to appear in court. The purpose of court appearances varies depending on the stage of the case. The parties can be directed to appear in court to present the issues in the case to the judge/jurist; to exchange information; to argue for interim relief in a case; or to present the issues in a case for final resolution by the judge. For more explanation about appearance types, see here.
Do litigants have what they need to fully participate in court?
Her Justice believes that all individuals should have what they need to fully participate in court. Functional technology, legal representation, and language access โ which looks like interpretation for participants who need it โ are especially important given the complexity of many Family Court proceedings. When Family Court provides these resources, it both ensures that the justice process is objectively more fair to individual litigants and creates a justice process participants perceived to be more fair. This builds litigantsโ trust in the eventual outcome of the legal process.
3 clients requested an interpreter.
7 adverse parties requested an interpreter.
Traditionally, the New York Family Court required all litigants and attorneys to appear in person at the courthouse. With the advent of the COVID-19 pandemic, the Family Court began to make some court appearances virtual rather than in person. The use of technology for virtual appearances, along with related rules, is evolving. We ask our pro bono partners to report whether they appeared in person, virtually (by phone/video), or hybrid (one party appeared in person and the other appeared virtually). Survey responses about virtual appearances provide insights into the use of this format and any recurring obstacles that might prevent litigants from participating fully in court appearances.
How much time is spent in court?
What happened at the end of the appearance?
Data that captures outcomes of court appearances paints a picture of the totality of the experience in court. It can also help set expectations for other lawyers and litigants. And it helps measure procedural justice values โ the idea that a fair experience in court leads litigants to believe in the fairness of the outcome.
For more explanation about the types of outcomes, see here.
Cases in Family Court are regularly postponed or adjourned for a date in the future. This can be for a variety of reasons. For more explanation about the reasons for adjournment, see here.
How many months must the litigant wait for the next court appearance, if applicable?
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Partner With Us
Want to learn more about how your office or organization can work with Her Justice? Email Rachel Braunstein, Director of Policy.