PANEL Barriers to Safety: First Nations Women’s Engagements with the Family Law System
Tracks
Room 1: In-Person and Online
Tuesday, November 25, 2025 |
2:10 PM - 2:40 PM |
Overview
Moderator: Rebecca Digny, Tasmanian Aboriginal Centre, Panelists: Stephanie Monck, Women’s Legal Service WA, Vanessa Graf, Mulleun Mura, Women’s Legal Centre ACT, Serrina Kenny, North Queensland Women’s Legal Service
Details
1. Key barriers that First Nations women face to engaging with the family law system
2. Existing system responses aimed at improving access and safety for First Nations women, including the impact of Indigenous Family Liaison Officers, Indigenous Lists and the expanded framing of cultural considerations in family law legislation
3. Key areas for improvement identified by Women’s Legal Services
Speaker
Ms Lara Freidin
Executive Officer
Women's Legal Services Australia
Barriers to Safety: First Nations Women’s Engagements with the Family Law System
Presentation Overview
First Nations women face a significantly higher risk of family violence 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. For some the family law system is positioned as an alternative system that could protect against child removal and provide meaningful support to parents in complex situations. Yet limited attention has been given to First Nations women’s experiences of this system. In this paper, we present key findings from a partnership study between Women’s Legal Services Australia (WLSA) and the Centre for the Elimination of Violence Against Women, guided by a First Nations Reference Group. Drawing on focus groups and interviews conducted with 30 participants from WLSA member women’s legal services that support First Nations clients, we examine three key findings from the broader project report. First, we highlight the key barriers that First Nations women face to engaging with the family law system. In particular, we focus on First Nations women’s experiences of systems abuse related to the family law system and how this issue is compounded when a perpetrator is non-First Nations. Second, we critically examine existing system responses aimed at improving access and safety for First Nations women, including the impact of Indigenous Family Liaison Officers, Indigenous Lists and the expanded framing of cultural considerations in family law legislation. Finally, we outline the key areas of improvement identified by women’s legal services. In providing insights into the legal and policy changes that are needed, we explore how the family law system can better support First Nations victim-survivors of family violence. Yet we also recognise the limitations of this system and call for attention to be given to First Nations-led and alternative responses that sit outside of existing family law structures.
Biography
Stephanie Monck is a Kungarakan/Warramungu woman and a recognised Traditional Owner of the Finniss River and Wagait Land Trusts in the NT. She is Principal Lawyer at Women’s Legal Service WA, and previously was the Principal at Aboriginal Family Legal Services. She has also been Senior Lawyer in the NT Government.
Professor Heather Douglas is a non-Indigenous researcher based at the Melbourne Law School, The University of Melbourne. She is also Deputy Director of Australian Research Council Centre of Excellence for the Elimination of Violence Against Women. Heather works on legal responses to violence against women and her work internationally.
