First Nations Women’s Engagement with the Family Law System: Insights from Women’s Legal Services, Final Report

First Nations women’s experiences of the family law system, particularly in the context of family violence, have been given limited attention in academic scholarship. This lack of research is concerning considering the family law system is understood by some as a system that could protect against family violence and child removal by the state, including for First Nations women. This report addresses this limitation in research, presenting findings from a partnership study between Women’s Legal Services Australia and the Australian Research Council Centre for the Elimination of Violence Against Women. This national study provides insights from Women’s Legal Services into First Nations women’s experiences of the family court and the family law system more broadly. These insights were obtained through focus groups and interviews with participants from Women’s Legal Services that support First Nations clients across Australia and anonymised case studies of First Nations women victim-survivors of family violence.

The report outlines findings across four areas. First, when and how First Nations women engage (or not) with the family law system, and the systemic barriers that shape their interactions. Second, the barriers First Nations women face to engaging with the family law system and the factors limiting cultural safety when they do engage. Third, the impact of existing system responses, such as the Indigenous List and Indigenous Family Liaison Officers, on access and safety for First Nations women. Fourth, key areas of improvement identified by Women’s Legal Services that would increase safety in the family court, improve cultural competence across the sector, and ensure self-determined and First Nations-led mediation options. The report concludes with 13 recommendations that provide guidance on the necessary steps to improve First Nations women’s experiences across the family law system. A First Nations Reference Group, with representatives from various Women’s Legal Services, provided advice and guidance on all elements of the project.