Self-Representing in a Family Law Matter

I have practiced in family law for over ten years and have represented many clients. When I represent a client whose ex decides to ‘not engage a lawyer’ and instead ‘self-represent’ it can be extremely frustrating for everyone concerned.

When a person involved in a legal dispute doesn’t use a lawyer, they are referred to as a ‘self rep’ as they are ‘self-representing’. They may also be referred to as a self-represented litigant (SRL).

While everyone has the right to represent themselves, the reality is that navigating how the Family Law Act applies to your situation, along with the rules of the relevant Courts, is difficult. While self-representation is sometimes necessary due to financial reasons, I would never recommend it.

Concerns that Arise when people Represent Themselves in a Family Law Matter:

Lack of Legal Knowledge

Usually, someone who is self-representing is not a lawyer and so they are unaware and/or don’t understand the application of the relevant legislation, court rules, legal terminology, or procedural requirements of the relevant court.

This can result in:

• incomplete or incorrectly filed documents
• missed deadlines
• inadmissible evidence being submitted
• misinterpretation of the law.

Unrealistic Expectations

Someone who is representing themselves may not understand what the court can legally do. The Courts jurisdiction to determine issues can be limited by the content of the Application before it. For example, if the Application deals with parenting issues only, it will need to be amended before the Court could make any orders or directions about property matters. The Court’s jurisdiction may also be limited by relevant legislation.

A lack of understanding on this can lead to:

• frustration and mistrust in the system
• pursuing unmeritorious applications or appeals
• difficulty accepting court decisions.

Emotional Toll

Family law cases are deeply personal and emotional. Without the buffer of a lawyer, someone who is self-representing may:

• struggle to separate emotion from evidence
• become overwhelmed, angry, or distressed in court
• engage in aggressive or non-compliant behaviour.

Power Imbalances and Safety Risks

In family violence situations, self-representation can place victims at risk as:

• they may have to directly cross-examine or be cross-examined by an abusive ex-partner
• it can retraumatise victims and discourage full participation in proceedings.

Note: There are laws in place that limit direct cross-examination in family law matters involving allegations of family violence, including ‘banning orders’ commonly referred to as Section 102NA Orders.

Delays and Increased Court Time and Costs

Once the matter reaches the stage of a court hearing, a person who is self-representing will usually require more time to present their case. Judges and court staff may need to explain procedures or assist more than usual, which:

• slows down proceedings
• increases costs for the represented party
• places strain on judicial resources.

Efforts to Address the Issue

The courts are aware that many people cannot afford a lawyer. The court/government has responded by:

• Providing Court Support Services: Family Relationship Centres, duty lawyers, Legal Aid, and self-help kits are available to assist self represented litigants.

Many of these services are underfunded or overstretched.

• Judicial Training: Judges are trained to managing self-represented litigants, while ensuring they remain impartial.
• Pro bono and community legal services: Some services offer assistance. Availability is somewhat limited though.

Takeaway

Self-representation is sometimes necessary due to financial reasons.

If you have family law issues that cannot be resolved, and you can afford to retain a lawyer to represent you, you should. Find an experienced family lawyer.

Self-representation can compromise fairness, delay outcomes and increase stress for all involved.