Litigation Abuse and Family Law Project

Overview

Litigation Abuse and Family Law project explores how misuse of legal proceedings can serve as a form of family violence. In family law contexts, individuals may misuse the court system in ways to intimidate or financially strain victims or survivors. This issue is of particular concern to legal professionals, as it directly affects the integrity and fairness of the family court system.

The project will produce a study paper that explores the challenges posed by litigation abuse, reviews current strategies to address these issues, and identifies opportunities to strengthen family justice processes.

What issues are being considered?

The BCLI aims to deepen the understanding and intersection of litigation abuse with family law. Through comprehensive analysis using legal research, case law review, and insights from social science and key informants, we address critical questions:

  • What constitutes litigation abuse?
  • How does it manifest in family law cases?
  • What responses have been developed in British Columbia and internationally to tackle this problem?
  • What are the broader implications for the family justice system?
  • And what are potential options to counteract or prevent litigation abuse?