Executive Summary
This report summarizes five thought papers written by subject-matter experts to assist family law legal advisers in identifying and responding to family violence in diverse communities. The thought papers focused on the following population groups: racialized groups; 2SLGBTQI+ individuals; Muslim communities; newcomers; and people with disabilities. According to subject-matter experts:
- There is no one-size-fits-all approach to identifying and responding to family violence when representing clients.
- Recognizing that there are barriers to disclosure is key; it may take time before a client discloses their experiences of family violence. There are additional socio-cultural and religious barriers that may compound a client’s reluctance to disclose family violence to a legal adviser (e.g., fear of losing their caregiver, language barriers, fear of deportation).
- Family violence can present in different ways; questions to help identify family violence should be tailored to each client and focus on the client’s relationship with their partner and their family dynamics.
- Family law legal advisers should take the time to learn more about the communities they serve, reflect on their internalized biases, and participate in ongoing training on equity and diversity. This can help legal advisers to more effectively and appropriately anticipate and respond to their clients’ needs in a more sensitive and non-judgemental way.
- Legal advisers’ offices and practices should be inclusive to clients to help them feel more comfortable and at ease. Making the environment physically accessible and asking clients ahead of a meeting whether they have any accessibility needs or preferences (e.g., support person, interpretation) can help improve trust and communication between clients and their legal adviser.
- Legal advisers should connect with support services in their area and build relationships with service providers to help facilitate referrals and obtain guidance and resources from community organizations. Legal advisers should also be aware that some clients may prefer to access informal supports (e.g., friends, family, religious leaders) rather than formal services (e.g., shelters).
- Legal advisers should avoid making any assumptions about their clients. Instead, it is important for legal advisers to ask clients what their needs are and tailor their practice accordingly. For instance, legal advisers should ask clients about what they want to gain from the family law process.
- Legal advisers should be aware of how other legal issues may intersect with the family law case, such as immigration law and criminal law matters.
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