Abstract

This chapter examines how families use and access the legal system, and the recent changes in family justice. The procedural aspects of family law claims and the funding of litigation has seen extensive changes in recent years that have heavily influenced the use of the courts by families and the development of the law. The chapter identifies the source of the legal procedures, and explains the underlying policies and rules which must be followed for persons to obtain what orders the family law courts can make. It also examines the impact of cuts to legal aid on the family justice system. The cuts in legal aid have resulted in many more persons acting for themselves before the court as ‘litigants in person’. This has resulted in significant delays which some argue have put the family justice system in crisis and pitched the judiciary against their political counterparts.

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