How cultural competency supports fairness in justice

How cultural competency supports fairness in justice

Family courts serve a pivotal societal role in resolving and adjudicating some of the most important disputes affecting individuals and families. The decisions of family courts—whether they involve custody and visitation, child or spousal support, or the distribution of property—can profoundly shape the future of the parties and children impacted by them. Ensuring that those decisions are fair and just requires more than legal expertise on the part of the judicial officer; it requires compassion, empathy, and cultural competency. If the laws are the principles and rules a society elects to follow, then justice is how the interpretation and implementation of those rules protects, connects, and enhances those governed by them. Thus, justice is the foundation upon which a sustainable society can be built, and cultural competency is an essential building block of that foundation.

In the family law context, cultural competency in a diverse society such as ours refers to the ability of judicial officers, lawyers, and all involved professionals to seek to recognize, understand, and respect cultural differences among individuals and families. These differences can include a multitude of variables such as religion, language, geography, socioeconomic status, and family dynamics. Each family comes with its unique cultural background, traditions, and values that influence their perceptions of marriage, child-rearing, and familial responsibilities. What may be accepted and preferred behavior in one culture may be viewed differently in another. Without cultural competency, there is a risk of misunderstanding or misinterpreting behaviors and customs, potentially leading to biased decision-making that does not align with the best interests of those involved. Thus, cultural competency is not only a desirous skill but a necessity to ensure continued trust and faith in our legal system. Periodic training, an open dialogue, and a myriad of perspectives contributing to the conversation are essential for lawyers, judges, and experts to grow their awareness of the issues that could arise and to increase their competency.

The Annual Cultural Competency Seminar in Family Law Practice has allowed for this critical exchange to occur for over a decade, providing lawyers, judges, and experts with the opportunity to teach and learn from one another. The subject matter of this year’s seminar, “Uncomfortable Conversation: The Art of Intercultural Dialogue (Legal and Psychological),” continues this invaluable conversation.