The primary aim of this report is to determine characteristics or criteria that could lead to the early identification of complex Family Court custody cases. Data was gathered through interviews and group discussions with individuals who were involved with Family Court custody cases from a number of different perspectives. Eleven Family Court Judges, 33 Family Court staff, 9 Child, Youth and Family solicitors, 22 lawyers and 11 specialist report writers completed interviews. The research focused on characteristics or criteria that the Court could be expected to have or obtain information about. The research design also included a brief literature review that contributed to the development of a checklist of potential characteristics of complex cases that became part of the interview process. The characteristics most frequently associated with complexity of cases included people with personality difficulties, self-represented litigants, untreated mental health problems, allegations of sexual abuse, and changes of counsel or poor quality representation. Allegations of violence or substance abuse, and conflict over shared property and relocation, were also found to influence complexity of cases. The authors note that the Department for Courts may wish to test the significance of the factors associated with complexity and, as such, a quantitative analysis would be required.

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