First Nations women's engagement with the family law system in the context of family violence: The evidence base

By Heather Douglas, Kath Kerr

This review of the evidence focuses on First Nations women’s engagement with the family law system, especially in the context of family violence (FV). It consolidates key considerations gathered from existing research about, and by, First Nations people and their engagement with colonial structures and institutions.

First Nations women face a significantly higher risk of FV than non-First Nations women and are also at greater risk of having their children removed from their care by state-based child protection agencies. The family law system may offer some protection against child removal. As such, identifying barriers and exploring how these barriers to the family law system can be dismantled for First Nations women is a vital component of Australia’s strategy to reduce FV risks and harm.

This review finds that there has been limited research specifically on First Nations women’s engagement with family law in the context of FV. Further research to identify and understand the needs of First Nations women in the family law system, especially in the context of FV, is necessary. This is required to continue to enhance accessibility, equity, inclusiveness and outcomes for First Nations people and to prioritise the identification of systemic reform and to highlight required service changes and other reforms as part of this endeavour.

Canberra: ARC Centre of Excellence for the Elimination of Violence Against Women, 2025. 29p.