What is system abuse in family law?

System abuse in family law refers to the deliberate misuse of legal and government systems, such as courts, police, child support, child protection, and Centrelink, to control, punish, or exhaust a former partner.

Recognised as a form of domestic and family violence (DFV) by Australian services like 1800RESPECT, it often escalates during separation, turning tools meant for resolution into weapons of harassment.

At Unified Lawyers, our Sydney-based team of Accredited Specialists in Family Law has managed over 100 matters involving abusive litigation patterns in the past decade, helping victim-survivors navigate these challenges with expertise and empathy.

Why does this matter?

Separation is already a high-risk period for DFV, and system abuse amplifies it through repeat applications, false reports, and relentless complaints that drain time, money, and emotional resources.

In this article, we'll define system abuse, outline common tactics and examples, explore its impacts, detail how Australian courts respond with tools like harmful proceedings orders, vexatious proceedings orders, and section 102NA cross-examination protections, and provide practical steps for gathering evidence and seeking help.

Our goal is to empower you with clear, actionable information. Remember, this is general guidance, not tailored legal advice.

Key points :

• System abuse means using courts and government processes to control or harass a former partner.
• It is recognised within Australian DFV frameworks and often forms part of coercive control.
• Legal tools include Harmful Proceedings Orders, Vexatious Proceedings Orders, and section 102NA cross-examination protections.
• Keep a contemporaneous evidence timeline and prioritise safety.
• Seek specialist Australian family law advice early.

Understanding System Abuse

System abuse, also known as legal systems abuse or abusing the legal system, involves manipulating processes within the family law system and related government bodies to perpetuate coercive control post-separation.

It is distinct from "systemic abuse," which refers to institutional biases or failings within the system itself, not individual misuse.

This is a key terminology note to avoid confusion.

In Australia, system abuse is increasingly recognised within DFV frameworks.

Under the Family Law Act 1975 (federal law), family violence includes controlling behaviour that causes fear, such as financial abuse or isolation.

Services such as DV-Alert and research from institutions like Monash University explain how some people take advantage of gaps between the federal family law system (parenting and property) and state child protection and police to keep the conflict going.

It is not about genuine safety concerns.

Valid applications for protection, like apprehended violence orders (AVOs), are not system abuse if based on real risks.

Common signs include repeated applications with little or no basis, breaking orders to drag the matter back to court, sending unnecessary subpoenas (formal court demands), using child support or Family Tax Benefit (FTB) to pressure the other person, misusing AVO processes, tech-based monitoring (for example through apps or GPS), or making baseless complaints to schools, health services or child protection.

These actions force ongoing contact, deplete resources, and retraumatise victims, often in parenting or property disputes.

Types of System Abuse in Family Law

System abuse manifests in various forms. Here is a breakdown with examples grounded in Australian contexts :

• Abusive litigation (also called "paper abuse") :
  Involves constant filings, appeals, or relistings to overwhelm the other party. For example, a perpetrator might repeatedly apply for variations to parenting orders, dragging out proceedings for years and racking up legal costs. This uses the court process itself to cause delay and cost.

• False Allegations and Reports :
  Making spurious claims to police, child protection services, or Centrelink to trigger investigations. An ex-partner could file repeated unfounded child welfare notifications, forcing the victim to defend their parenting while under scrutiny.

• Manipulation of Government Systems :
  Weaponising child support or Centrelink by hiding income, contesting assessments endlessly, or raising debts in the victim's name. This ties into economic abuse, a recognised DFV tactic under the Family Law Act.

• Tech-Facilitated Abuse :
  Using digital tools for stalking or control, like monitoring via shared accounts or apps. Recent reforms in states like NSW and QLD criminalise coercive control, including tech elements, with QLD's 2025 laws imposing up to 14 years' imprisonment.

• Cross-Applications and Delays :
  Filing counter applications in response to AVOs or family law applications, often with false narratives, to intimidate or force withdrawals. Perpetrators might request multiple adjournments by changing lawyers or avoiding being served with documents.

• Subpoena Misuse :
  Issuing unnecessary subpoenas to harass associates, like subpoenaing a victim's friends in a custody dispute for irrelevant testimony.

These tactics escalate conflicts, exploit court processes, and mimic parental alienation or custody manipulation strategies.

Impact of System Abuse on Families

The harms are profound.

Emotional trauma from repeated court exposure, financial strain from legal fees, and disrupted lives, including work loss or housing instability, are common.

Children suffer too, facing psychological harm from ongoing conflict or exposure to abuse.

It perpetuates coercive control, hindering recovery and reinforcing power imbalances.

Misidentification can also occur, where the person most at risk is incorrectly treated as the predominant aggressor.

This can result in counter applications or protection orders against the wrong person and prolong litigation stress.

How the Legal System Responds to System Abuse

Australian courts can step in under the Family Law Act 1975 (federal law) :

• Harmful Proceedings Orders (HPOs) :
  Under sections 102QAC to 102QAG, the court can stop further cases unless the person first gets the court's permission, if more cases would cause psychological, emotional or financial harm to you or a child. The court looks at the history and impact. It can make this order on its own. Applications use sworn statements (affidavits), and some details can be kept confidential. Without permission, any new case is paused.

• Vexatious Proceedings Orders :
  Under sections 102QB to 102QG, the court can deal with repeat, clearly baseless cases brought to harass. It can require permission before any new filing or ask for security for costs.

• Section 102NA – no direct questioning :
  If family violence is in issue (for example there are charges or a protection order), the law stops the other party from questioning you directly. A lawyer must ask the questions instead, and Legal Aid may help.

The court's main practice guide focuses on safety and early risk checks.

High risk cases may go to the Evatt List (a specialist pathway).

New coercive control laws in NSW (from 1 July 2024) and QLD (from 26 May 2025) also cover tech based abuse.

HPO permission (leave) checklist:

• Previous applications and outcomes
• Whether issues were already determined or could have been raised earlier
• Cumulative harm (stress, cost, delay, impact on children)
• Whether the new application has reasonable grounds and real prospects
• Whether restrictions are the least restrictive protective measure

Key legal references (Australia) : s 102QAC-102QAG (Harmful Proceedings Orders), s 102QB-102QG (vexatious proceedings), s 102NA (cross-examination protections), FCFCOA Central Practice Direction, Evatt List.

Preventing and Addressing System Abuse

If facing system abuse :

• Gather Evidence : Build a timeline of applications, outcomes, costs, and impacts (such as emails, court documents, medical records showing stress).
• Seek Legal Help : Consult specialists like Unified Lawyers for strategies to apply for HPOs or costs orders.
• Access Support : Contact 1800RESPECT (1800 737 732) for DFV advice, or DV-Alert for resources. Use the FCFCOA's Family Advocacy and Support Services.
• Safety Planning : Request court safety measures like remote hearings or safe rooms.
• Report Misuse : Notify authorities if there are false reports. Consider complaints against lawyers if they are enabling abuse.

When to seek an HPO (quick signals) :

• Multiple repeat applications on the same issues without new evidence
• Filings timed to disrupt key events (school reports, holidays, medical appointments)
• Rising legal spend and stress without substantive progress

Prevention starts with awareness. Detect patterns early and document everything.

FAQ's

1. What is system abuse in family law?

System abuse refers to the misuse of legal or government systems, such as family courts, Centrelink, or child support agencies, to harass, control, or exhaust a former partner post-separation.

This can include filing excessive or baseless court applications, making false reports to authorities, or manipulating financial systems to delay or frustrate proceedings.

In the Australian family law context, this behaviour is increasingly recognised as a form of domestic and family violence, especially when used as part of a broader pattern of coercive control.

2. Is system abuse a crime?

While system abuse itself is not a crime on its own, it is recognised within DFV frameworks and can lead to serious consequences.

Courts may issue orders such as Harmful Proceedings Orders or Vexatious Proceedings Orders to limit further misuse of legal systems.

In some cases, associated actions such as making false declarations or stalking via legal means may breach existing protection orders and lead to criminal charges.

3. Can the court stop my ex from filing again and again?

Yes. Under recent amendments to the Family Law Act, the court can issue a Harmful Proceedings Order if repeated applications are causing harm.

This order prevents further filings unless the person gets permission from the court.

The court considers the nature and frequency of past applications and their impacts before making such an order.

4. How is a harmful proceedings order different from a vexatious proceedings order?

A Harmful Proceedings Order is designed to protect people from cases that may cause emotional, psychological or financial harm, even if they are not legally baseless.

It focuses on the impact of the litigation on the victim.

A Vexatious Proceedings Order, on the other hand, applies to proceedings that are legally baseless or conducted to annoy, harass, or delay, and uses a stricter test.

5. What protections are there if I am scared of being cross-examined?

Section 102NA of the Family Law Act prohibits personal cross-examination in cases involving domestic violence.

If there is an existing family violence order or related criminal charges, the alleged perpetrator cannot question the victim directly in court. Instead, legal representation, often arranged through Legal Aid, is mandatory to ensure the safety and dignity of the person affected.

6. What evidence do I need to prove system abuse?

Documenting a pattern of behaviour is key.

This may include :

• A timeline of past court filings or applications
• Evidence of legal costs incurred
• Examples of delays or stress caused
• Records of false allegations or complaints to agencies
• Communications showing intent to harass or control

These can go into a clear, short sworn statement (affidavit) with attachments such as emails, text messages or court records.

7. Is this the same as "systemic abuse"?

No. System abuse refers to one party's misuse of systems for personal control or revenge.

Systemic abuse, by contrast, describes failures or biases within the legal or institutional system itself, such as delays, discrimination, or lack of coordination across services.

8. What if the other party occasionally raises a real issue?

The court's permission process under a Harmful Proceedings Order or Vexatious Proceedings Order is designed to balance protection with fairness.

It allows genuinely necessary applications to proceed if they are supported by evidence, while filtering out those intended to harass or burden the other party.

How Unified Lawyers Can Help

System abuse in family law matters can be distressing and complex, often involving repeated legal filings, manipulation of child support or Centrelink systems, and ongoing emotional or financial harm.

At Unified Lawyers, our experienced family law specialists are equipped to help you respond effectively and assert your legal rights.

We provide strategic advice tailored to your situation, including support in applying for Harmful Proceedings Orders, responding to vexatious litigation, and ensuring your safety through protective mechanisms such as section 102NA cross-examination bans.

Our team works with experts when needed, such as psychologists or financial advisers, to support your case holistically.

If you're experiencing system abuse and need a strong legal advocate, contact Unified Lawyers today.

We offer services across Australia via phone or video consultation. Let us help you take back control with clarity and confidence.

Conclusion

System abuse is a pattern of coercive control that misuses legal and government processes.

Understanding the types of behaviour, the legal responses available, and the practical steps for evidence and safety planning can reduce harm and shorten disputes.

If you are affected, seek tailored advice from a qualified Australian family lawyer and connect with specialist support services.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.