AFCC STAMENT ON REMOTE APPEARANCES FOR FAMILY LAW PROCEEDINGS
The California Chapter of the Association of Family and Conciliation Courts (AFCC-CA) supports adoption of a statewide rule/statute/bill continuing remote appearances for all family law proceedings. Such a rule/statute/bill will address at least two separate issues impacting the families we serve:
- ACCESS TO JUSTICE:
The majority of litigants appearing in California’s family courts are self-represented, and many do not live in close proximity to a courthouse. These litigants typically are not high-income earners; and time away from their jobs reduces the funds available to care for themselves and their children. Requiring in-person appearances often means that they have to take time off from work, use public transportation or pay for gas, find safe childcare for their children, and expend time and scarce resources at a substantial cost to their families. Allowing remote appearances minimizes the disruption to people’s jobs and lives, and allows far greater access to justice for a broad swath of the population we serve.
- SAFETY:
It is well-established that family law matters – whether domestic violence, child custody, marital dissolution, or support – are often emotionally charged. The resulting volatility can create heightened safety risks. This is true in a broad range of family law matters. However, the risks are particularly pronounced for two specific categories of litigants:
- SURVIVORS OF DOMESTIC ABUSE: Survivors of domestic abuse deserve protection from having to confront their abusers in person to attend court proceedings. The stress of having to sit in a courtroom with an abuser is considerable, but it is nothing compared to the actual safety risks associated with being at or near a courthouse at the same time as an abuser. Requiring in-person court appearances creates the risk of hallway confrontations, of a victim being followed after exiting the courthouse, and of violent encounters at or near the courthouse either before or after a court appearance, which promotes the safety of court-connected personnel as well as domestic violence litigants. Allowing domestic violence litigants to appear remotely would eliminate these risks.
- NON-CITIZEN LITIGANTS: In the current climate of increased immigration enforcement, including at and around our courthouses, fear of being accosted by Immigration & Customs Enforcement (ICE) agents while attending court proceedings is creating a disincentive for many people in need of legal help to access it through our courts. Remote appearances could significantly reduce, or eliminate this risk if remote appearances were routinely allowed. Fear of detention by ICE should not interfere with our family courts’ ability to address critical family needs.