Fragmented Justice: The Role of Social Work in Addressing Risks to Children Navigating Parallel Legal Systems in Australia

Abstract

In Australia, families and workers frequently navigate three separate systems when trying to meet children’s safety and care needs: family law, and child protection and domestic and family violence systems within each state and territory. The absence of a consolidated national framework results in fragmented, inconsistent responses to children’s needs. This fragmentation undermines continuity of care, creates systemic gaps that can fail to meet a child’s safety needs, and increases the risk of harm for the child and their protective caregivers. In this article, the author highlights the risks that arise from fragmented legal responses and argues for the social work profession to champion an integrated, child-centred advocacy model. Rooted in social work values of human dignity, self-determination, and social justice, the proposed model draws on the Barnahus model and the participatory rights outlined by scholars such as Laura Lundy. The article concludes with a recommendation for the social work profession to advocate for a trial of an integrated justice model in Australia, which places the child’s voice and safety at the centre of legal decision making.IMPLICATIONSEmbedding social work expertise in multidisciplinary teams will enhance holistic interpretation of children’s experiences and developmental risks.Structural reform will minimise retraumatisation by replacing fragmented legal processes with co-ordinated, child-centred responses.An integrated justice model will enhance judicial decisions for children through timely, holistic insights into cumulative harm and complex trauma.