1 week Ago
The family law system is crucial for protecting women and children nationwide. With its combination of judicial oversight, counselling and alternative dispute resolution, the family court can offer meaningful support to parents in complex situations. But First Nations families may be missing out.
We partnered with Women's Legal Services Australia to prepare a new review. The review highlights that First Nations women may face barriers to accessing the family law system, especially when they have experienced family violence. Our research Family law courts in Australia handle matters such as where children live and who has contact with them.
They also deal with finance and property disputes within families, and family violence. In our research, we reviewed the existing literature and family court cases to see how First Nations people have interacted with the family law system. While 7% of family court final order applications in 2023–2024 included a First Nations litigant, we suggest the family law system may be underutilised by Indigenous women.
There are several factors that point to this. One is the rate of out-of-home care. First Nations children make up 44.
5% of children in out-of-home care nationally. Engaging with the family law system may reduce these rates. Another is the prevalence of Indigenous families with a single parent.
Nearly 45% of First Nations children under 15-years-old live in single-parent households. People in these households may need to negotiate safe contact arrangements for their children with other family members. The family law system can play an important role for these families.
And we know family violence is present in 83% of parenting proceedings in the family courts. First Nations women are at a higher risk of family violence than non-First Nations women, often perpetrated by a non-First Nations partner. The family law system must take account of family violence when making.
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