Self-Represented Litigants in Family Law proceedings involving allegations about Family Violence
Overview
Led by Dr Jane Wangmann, Prof Tracey Booth, and Dr Miranda Kaye, this ANROWS-funded research investigates the complex challenges that arise when family violence and self-representation (SRL) intersect in family law proceedings. Through interviews and an extensive case study involving over 500 observed court events across multiple states, the study examined how SRLs experience the court process in cases of alleged family violence and identified how SRLs, particularly victims, are vulnerable to ongoing abuse and struggle with documentation and achieving safe outcomes.
How we support positive change
The research highlights the systemic difficulties SRLs face, especially when victims confront alleged perpetrators without legal representation, experiencing legal system abuse and pressure for unsatisfactory settlements. Key recommendations include enhanced resources for the family law system, improved access to legal support, better SRL information resources, and professional training on SRLs and family violence. Systemic reforms, such as simplified processes and holistic case management, were also suggested.
Find out more
For more details, access the final report, here: “No Straight Lines”: Self-Represented Litigants in Family Law Proceedings Involving Allegations about Family Violence, which won the 2022 Non-Traditional Research Output Award from the Australian Legal Research Awards.
Miranda Kaye, Tracey Booth and Jane Wangmann, ‘Compromised “Consent” in Australian Family Law Proceedings’ (2021) 35(1) International Journal of Law, Policy and the Family.
Jane Wangmann, Tracey Booth and Miranda Kaye, ‘Addressing the Problem of Direct Cross-Examination in Australian Family Law Proceedings’ (2022) 45(4) UNSWLJ 1325.