The Roadblocks Parents Face Before They Reach Court
Before families ever stand before a judge, they face confusing forms, limited resources, and rigid processes. These barriers slow families down—but it’s children who wait the longest for clarity and stability.
BY Lynn Marshall, Donor Relations Officer
For many families trying to establish or modify a parenting plan, the barriers start long before they ever see a judge.
Just a few of the challenges that many families face include: navigating the court website on a phone, working through limited office hours and language barriers, taking time off from work to visit the courthouse, and waiting in line. And many parents will have to do all this more than once.
It’s not surprising that so many parents find themselves stuck—not because they don’t care, and not because they’re unwilling to try, but because the system isn’t designed to meet them where they are.
Most Parents Face the System Without Legal Help
Recently two of our colleagues, Olivia Pimentel, our Legal Assistant, and Stacey Thompson, an attorney and then our Senior Advocate Supervisor (now with Family Court Services in King County Superior Court), visited the King County courthouses in Kent and downtown Seattle to get a clear understanding of what a courthouse visit feels like for parents in our cases.
“It’s really hard even just to find the court facilitator’s office,” says Stacey. “Especially if you face any kind of language barrier. The only sign I saw in Spanish, for instance, was for the exit.”
Every part of the family law process is daunting and intimidating – and most of the families in our cases also struggle with other barriers concerning domestic violence, mental health, fears rooted in the current political climate, and generational experiences of systemic racism. Nearly 80% of the parents in our cases don’t have legal representation – they must navigate the system on their own.
Delays Keep Children Stuck in Unstable Situations
And when cases get to court, where the parents have not been able to provide the right materials or understand what they need to do, long delays are inevitable. And that means a child could continue for many months in limbo, often stuck in a volatile situation. Access to justice for families directly impacts children.
“At both courthouses, the folks working there want to help,” says Olivia. “I saw courthouse staff using Google Translate on their phones, working with people to get them to the right office, or to understand which forms they need to fill out – but nothing about it is easy – either for parents, or for the people doing their best to help them.”
Even Basic Help Comes With Barriers
The Family Law Facilitators can only work with families who have already filled out and printed the right forms. And the only way to get help in filling out the forms is to attend the weekly Tuesday in-person walk-in sessions available with volunteer attorneys at the downtown Seattle courthouse, in the King County Law Library from 1PM – 3PM. These sessions are free, but you must bring your own copies of the forms, and no language interpretation is available.
Once the forms are filled out, parents can then go to the Court Facilitators in Seattle or Kent with questions about the logistics of the process and for advice specific to their situation.
The Court Facilitators’ offices at the courthouses in downtown Seattle and in Kent are open in the mornings, Monday to Friday from 9AM -12PM. The easiest type of assistance to get is a walk-in session of about 10 minutes. But the offices are short-staffed, with only 5 facilitators for both courthouses, and often the offices close without notice if staff have an unplanned absence. By policy, the offices can’t open without at least two employees on-site. And a parent seeking help won’t know about these types of closures until they arrive.
To get an appointment to talk to a Court Facilitator about more complex problems (including those that require interpreters), parents must participate in a $22 online class (fee waivers are available to families who can prove financial need, and parents must also take this class before attending trial) to qualify to make the appointment. Once they submit proof they have attended the class, they can email the office to schedule an appointment, but again, only if they can also send in their completed forms, at least 7 days before the appointment.
Family Law CASA Focuses the Court on Children’s Needs
From an efficiency standpoint, there are lots of good reasons for these policies, but to families, it can feel like just another way in which they are shut out, denied the resources that would help them access justice.
When systems fail to support families, it’s children who are left without clarity, safety, or voice. At Family Law CASA, we advocate for children, bringing their needs into focus, which is vital in a system that feels like an obstacle course for families.
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