CALD families and the family law system: Building true accessibility

As family law professionals, we serve clients within our communities. But what’s less visible is who is not coming through our doors. The court does not currently collect data about the cultural or linguistic backgrounds of litigants except for those who identify as Aboriginal and Torres Strait Islander. This limits our understanding of how culturally and linguistically diverse (CALD) families interact with the legal system and how well the system is serving them. Anecdotally, though, many CALD families are underrepresented in the family law system.

Why aren’t CALD families accessing the family law system?

There are likely many reasons to explain why the number of CALD clients we have is disproportionate to their representation in society. Some CALD families may not experience the same rate of separation or conflict as others. Some may be relying on extended family, community, or religious networks to resolve their disputes.

But there may also be structural barriers precluding CALD people from accessing legal help to reach fair, safe, and equitable resolutions, including:

• A lack of awareness of how the Australian family law system works.
• Language and financial limitations (e.g. inability to pay for lawyers and interpreters).
• Fear of being judged, misunderstood, or marginalised.
• Low trust in formal institutions, especially among migrant groups with experiences of trauma or discrimination.
• Practical difficulties navigating English-language systems, forms, and websites.

What the courts offer for CALD parties

In recent years, the Federal Circuit and Family Court of Australia (FCFCOA) have made significant efforts towards improving access for CALD families. These include:

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• Provision of interpreter services for self-represented litigants arranged by the court upon request.
• Development of translated court resources into approximately 30 languages.

These tools are very helpful for CALD families who need the court’s intervention. But to be effective, people must know they exist and be able to access them. For example, the translated resources are hosted on the court’s website, which requires a fair degree of English literacy to navigate. Without help, CALD people may never find them.

What can the profession do

As practitioners, we can help CALD families access the legal system by practising in ways that are proactive and sensitive to the barriers they may face. Some actions we can take are:

• Support clients in navigating translated information. Besides the court, other government-funded agencies have also produced translated resources regarding family law. However, they may also be embedded within English-language pages of their websites. Where possible, guide clients to access legal information in their preferred language by providing them with direct links to those pages; there is no need to reinvent the wheel.
• Sharing court resources with your networks and the community. For many CALD communities where the English language may be limited, they rely on word of mouth to obtain information. Consider promoting the court’s translated resources within your networks, websites, or community forums.
• Raise interpreter options early. Even if the clients can speak some English, that does not mean they can competently understand your legal advice and all its nuances. Suggest the engagement of an interpreter from the point of engagement, not just for court events.
• Make room for cultural context. A simple question like, “Is there anything culturally important we should keep in mind?” This not only informs the client that you are mindful that there may be cultural matters to take into consideration, but it also allows them to truly express what is significant to them in their matter.
• Refer to culturally responsive professionals. When clients feel their background and what cannot be verbally communicated is understood, they are more likely to engage in the process. Explore and recommend supports for your clients, such as bilingual mediators, parenting coordinators, and counsellors.

The way forward

Australia’s multiculturalism is not just a social feature; it’s a legal reality. But for CALD families to fully engage with the family law system, access must mean more than availability of resources. There must be gateways for CALD people to navigate the system and be represented well.

The FCFCOA has undertaken important work to increase accessibility for CALD parties. As a profession, we can do more to ensure that no one within our communities falls through the cracks.

Dora is a multilingual Mediator, FDRP, and parenting coordinator at Dora Ko Mediations. She is a former judicial registrar of the Federal Circuit and Family Court of Australia and is a first-generation migrant from Hong Kong and speaks Chinese – Cantonese and Mandarin, and Japanese.