Therapeutic Justice in Practice - A Commentary on the Family Justice Court’s Approach
The family justice courts, Singapore, is moving towards "therapeutic justice" system. By the end of 2023, there will be a new set of rules to streamline the process to commensurate with the objectives the courts wish to achieve. The courts have conducted seminars and workshops educating the practitioners and other stakeholders who will be part of this crucial journey to make it successful.
The term "justice" is uniquely defined in family law, with judges taking on a more "therapeutic" function. This is because the judiciary possesses a profoundly transformative power over families going through periods of hardship. Therefore, the justice system is responsible for ensuring restoration and long-term stability through its orders. In turn, the choices it makes can have lasting consequences.
The therapeutic justice system that the judiciary has pledged to is a movement that requires continuous, sustained, and diligent upkeep. Such a system is the bedrock of a balanced and healthy society where families have the space to work out their troubles in a controlled and safe environment.
From a practitioner's perspective, there are many questions: "What does therapeutic justice practice entail?" "How do we, the practitioners, practice therapeutic family law?" "Will this new justice system help our clients who entrust their lives to move forward?" "Can we convince our clients of the therapeutic solution who seek us out to vindicate themselves? "Are we equipped to handle clients appropriately?"
Every practitioner practicing family law would have realized how the practice requires them to be mature and evolve because of the nature of responsibility placed on their hands by families. We are rarely thanked expressly by our clients. Still, when we are assured that the orders we obtained in court through the litigation or settlement will pave the way for the family to move on even though as a split unit but unified in their primary purposes, we have done the work conscientiously. However, with the present therapeutic justice system, the challenging aspect is not just the results alone, but the challenge is the methodology of therapeutically bringing our clients through this journey. So, we as practitioners are entrusted with the responsibility of practicing in a manner that would educate the public and change their opinion or understand about the family justice system in Singapore.
As family practitioners we work with many distressed clients and their families who have been mired in seemingly endless proceedings, with each of their circumstances presenting their own unique challenges and setbacks. Most importantly, these experiences have given us a keener sense of what are the right solutions for not just our own clients, but all the involved parties in question. This is because our practice has matured to a degree that we consider the various parties not as individuals but as a family hoping for a renewed reunification under the umbrella of the justice system, striving for balance and peace. In this way, our practice is oriented towards finding long-term, lasting solutions for all parties involved, and for serving the needs and interests of the family in addition to that of our client. Therefore, experience of the kind that we have, having worked first-hand with clients from a variety of walks of life and backgrounds, is undoubtedly vital to developing the sensitivities and wherewithal necessary to making the right call.
We believe that with dedication and commitment, we will be able to serve our clients and be a part of this therapeutic justice movement that the courts have embarked upon.
