Report on the Critical Gap in Legal Representation for Survivors in Family Court
Last summer, Luke’s Place heard from frontline workers across Ontario about their experiences supporting survivors in family court and helping them find a lawyer. A total of 104 frontline workers responded to our online survey, and 24 workers participated in our focus groups. What we heard from nearly all these workers was how challenging it is for survivors to find a family law lawyer to represent them. Many survivors don’t qualify for legal aid but cannot afford to retain a lawyer privately. Others may qualify for legal aid but cannot find a lawyer to accept their certificate.
Survivors Falling Through the Legal Aid Gap
What we heard was consistent and urgent. It is incredibly difficult for survivors to secure legal representation in family court.
Many survivors do not qualify for assistance through Legal Aid Ontario because income eligibility thresholds are too low. At the same time, they cannot afford to retain a lawyer privately. Survivors who earn just above the legal cut-off often face impossible choices: paying rent and buying groceries or paying legal fees.
Barriers Even for Those Who Qualify
For those who do qualify for Legal Aid, barriers remain. Frontline workers told us that survivors frequently struggle to find lawyers willing to accept Legal Aid Certificates. In many communities, there are simply too few family law lawyers available. In others, lawyers have stopped accepting certificates altogether. Even when a survivor can secure representation, the hours provided through Legal Aid Certificates are often insufficient for the complexity of intimate partner violence (IPV) cases, leaving women to self-represent partway through proceedings.
The Consequences of Navigating Family Court Alone
The consequences are significant. Survivors navigating family court without representation face increased risk of re-traumatization, procedural disadvantage, and unfair outcomes. Frontline workers described survivors feeling discouraged, overwhelmed, and in some cases questioning whether leaving the abusive partner was worth the barriers they now face in court.
A Call for Systemic Change
In our new report, Navigating Family Court Alone: Barriers and Gaps in Representation for Survivors of Intimate Partner Violence in Ontario, we outline key findings from this research and set out 19 recommendations for change. These recommendations are directed at the provincial government, Legal Aid Ontario, and the Law Society of Ontario. They call for:
- Raising Legal Aid financial eligibility thresholds
- Expanding certificate coverage and hours for IPV cases
- Increasing the availability of lawyers who accept Legal Aid
- Strengthening IPV-informed training and standards within the legal profession
- Addressing systemic barriers that leave survivors unrepresented
Survivors of IPV deserve meaningful access to justice. Ensuring access to competent, trauma-informed legal representation is not an option; it is foundational to safety, fairness, and accountability within the family justice system.
