New Study Finds Self-Represented Litigants Face Systemic Disadvantage in Family Court

Canadian Justice Grandma··5 min read
New Study Finds Self-Represented Litigants Face Systemic Disadvantage in Family Court

A peer-reviewed study from the University of Toronto Faculty of Law has found that self-represented litigants in family court are significantly less likely to achieve outcomes consistent with the best interests of their children, compared to represented parties.

A peer-reviewed study published in the Canadian Journal of Family Law has found that self-represented litigants in family court are significantly less likely to achieve outcomes consistent with the best interests of their children, compared to parties who are represented by counsel.

The study, conducted by researchers at the University of Toronto Faculty of Law, analysed 1,200 family court decisions across Ontario, Alberta, and British Columbia between 2020 and 2025. It found that self-represented parties were 34 per cent less likely to obtain the parenting arrangement they sought, and 41 per cent less likely to receive the child support amount to which they were entitled under the Federal Child Support Guidelines.

The Structural Barriers

The researchers identified several structural factors contributing to the disparity: procedural complexity that disadvantages those without legal training; judicial time constraints that limit the court's ability to assist self-represented parties; and a lack of plain-language resources that accurately reflect current law.

Self-represented parties were 34 per cent less likely to obtain the parenting arrangement they sought.

The study recommends mandatory plain-language procedural guides for all family court proceedings, dedicated duty counsel programmes at all family court locations, and judicial training on effectively managing proceedings involving self-represented litigants.

The Canadian Justice Grandma has endorsed the study's recommendations and is calling on provincial attorneys general to implement them as a matter of priority.

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