Family law cases are often difficult enough when everyone involved is in the same jurisdiction and speaking the same language. But international family law cases often span multiple jurisdictions and involve legal systems in different languages. This makes the difficult even more difficult and creates the need for accurate legal translations to ensure that justice is delivered equitably.
Legal Translations in Family Law
Legal translations are essential for several reasons:
- Facilitating Fair Participation: Parties involved must understand legal documents and court proceedings to participate effectively.
- Maintaining Legal Accuracy: Translations ensure that the original meaning of documents is preserved across languages, which is vital for the consistency of the legal process.
- Cross-Border Collaboration: Many cases involve authorities in different jurisdictions. Translations enable communication and cooperation across borders.
Case Examples Illustrating the Role of Translations
Vasquez v. United States
In this case, a defendant sought to withdraw a guilty plea due to a poor translation provided by legal counsel. In this instance even a gist translation provided by an online tool revealed discrepancies in the translation! Online machine translations tools are great for understanding the gist of something in a variety of scenarios; however, they are not always accurate and issues with MT and AI systems are well documented, meaning if you’re submitting something to court and relying on something in a case, it’ll need to be translated by a professional. In this case, the translation was initially provided by legal counsel, not by a qualified professional legal linguist, and thus illustrates the risks of relying on unverified translation methods. The accuracy of legal documents can significantly influence the outcome of a case.
Source: Law Gazette
Interpreter Failures in Family Courts
Sir James Munby, former President of the Family Division, described failures in interpreter arrangements as unacceptable. A final adoption hearing had to be abandoned because no interpreters were available. This disrupted the legal process and delayed proceedings. Courts must ensure that translation services are consistently available to uphold justice, and this example serves to illustrate the importance of engaging a professional linguist well in advance of a court hearing and also helps put the spotlight on issues surrounding the legal lanaguage service industry in the UK, including fair pay for linguists – an issue that has driven many out of the industry. Make sure a specialised and professional linguist or Language Service Provider is engaged in advance of a court hearing to ensure proceedings are not delayed and justice is available to all.
Suffolk County Council v. The Mother and Others
This case addressed the allocation of translation costs in care proceedings. The court ruled that translations were necessary for ensuring fairness. It also considered financial responsibilities for providing translations, which remain a pertinent practical issue in many cases.
Recommendations for Legal Translations
- Engaging Specialist Translators: Legal translators with experience in the relevant languages, jurisdictions and practice areas should be used to ensure accuracy.
- Certifying Translators: Translators should be professional and qualified, holding recognised credentials, and demonstrate experience and competence in legal translations. LSPs with relevant certifications, such as ISO17100, awarded by professional bodies, such as the ATC, should be looked out for and engaged.
- Avoiding Machine Translations: While technology can assist, and as outlined earlier in this article can be great for giving a gist understanding of a foreign language document, human expertise remains critical for interpreting legal language and cultural nuances and for ensuring they are understood in correct context.
- Allocating Resources: Sufficient funding and time should be devoted to obtaining translations. With the best will in the world, translating a hundred pages for the next day on a pittance is not doable – if you have a foreign language client, take note of likely requirements and plan ahead from the outset.
- Informing Clients: Clients should understand the translation process and its importance in their case. You could use specific examples, such as those referenced in this article or elsewhere on this site, to help illustrate to your client.
Conclusion
Legal translations are integral to any case involving foreign language speaking parties, and especially in cases as personal as international family law cases. They enable fair participation, preserve the accuracy of legal processes, and support collaboration across jurisdictions. Cases such as those mentioned above highlight the consequences of inadequate translations. Legal practitioners must prioritise professional translation services to serve their clients effectively and uphold legal standards.
For further information or support with legal translations, IMD Translation provides services tailored to complex cases involving multiple jurisdictions.