A single mother’s frustration with court inaction over her former partner’s failure to comply with a child maintenance order has prompted the Women’s Resource Centre to call for an overhaul of the system.

The woman who spoke to The Royal Gazette, and who cannot be identified for legal reasons, said there was also a history of domestic abuse with her ex-partner that left her “triggered and traumatised” when forced to share a courtroom with him.

“I received my first domestic violence protection order in 2017 and it’s been a nightmare dealing with the court from the start,” she said.

“Regarding the maintenance order, this has become a significantly worse issue in the last three years, getting worse each year.”

She said she had run up a substantial debt because of her former partner’s inconsistent and incomplete payments and been forced “to choose between groceries and electricity”.

Legislators created the Family and Child Support Office in 1992 in response to delinquent fathers allowing maintenance debts to pile up.

At the time, Magistrates’ Court reported that only 55 per cent of court-ordered maintenance payments were being collected.

However, the mother who contacted the Gazette said she had repeatedly asked the enforcement officer at the child support office to act on a $75-a-week maintenance order that was being ignored.

An additional order dating back several years — seen by the Gazette — called for $625 to be paid each month to the collecting office of Magistrates’ Court.

It said: “Failure to do so will be deemed contempt of court.”

The woman said: “The court order has a penalty attached for seven days’ incarceration, but because he’s never been made to be accountable, he’s getting away with worse behaviour.”

She insisted that payments were only made when her estranged partner was faced with a court appearance — and that appearing in the same room with him meant she had been “traumatised in the courtroom over and over again”.

The woman said she had last appeared in court a year ago after requesting a hearing because of financial hardship and a debt that had run into thousands.

“Here I am a year later, with the same debt existing and life costs and essentials being harder to sustain,” she added.

Juanae Crockwell, the executive director of the WRC, said that family related concerns, particularly around child custody, access and child support, were “among the most frequently requested areas of support”.

Ms Crockwell said the woman’s account was “not unique”.

She added: “Many women in our community face similar challenges when trying to engage with the court system.

“While the Family Court’s role is to act in the best interest of the child and to support co-parents in reaching common ground, we often see how difficult this is to achieve in practice, especially for mothers who cannot afford legal representation.

“For women with a history of domestic abuse, the process can be even more distressing and re-traumatising, particularly when they are required to engage directly with their former partner.

“Many of the women we support consistently raise concerns about the Family Court process, including prolonged delays, poor communication and a disheartening lack of accountability when court orders are repeatedly ignored.”

Ms Crockwell said that while the WRC did not advocate for incarceration as the default response, the charity believed that “if it is one of the penalties available under the law, it should be applied consistently”.

“When enforcement is inconsistent or absent, the process loses credibility, and mothers are left feeling unheard, unsupported and dismissed.”

She added: “We believe that a review of the Family Court process would be beneficial and is needed.

“This review should consider how to make the system more accessible, equitable and trauma-informed, particularly in cases involving domestic abuse, substance use or coercive control.”

Ms Crockwell said the WRC hoped that plans for a specialist Domestic Abuse Court, revealed in the Throne Speech in November 2024, would offer “a more trauma-informed and survivor-centred approach to these matters”.

“In our conversations with the Attorney-General, we have specifically highlighted the need to address how children are impacted in these cases and how the legal process can be improved to better support their safety and stability.”

Questions from the Gazette to the Ministry of Legal Affairs on the extent of non-compliance with maintenance orders and how the court dealt with the issue were referred to the Chief Justice.

There was no response by the time of publication.

The single mother, who shares a child below the age of 12 with her former partner, said she could not afford a lawyer but had been advised to take the matter to the Supreme Court.

“I can’t incur any more debt to be taken for another ride,” she said. “Why should I pay more to ask the court to do their job?”

Ms Crockwell said that the WRC offered a range of services to support women “navigating these challenges”.

She added: “Our Mother’s Support Group, which meets on the third Wednesday of each month, provides a safe and supportive space for mothers facing family court-related stress.

“In addition, we offer one-on-one counselling, co-parenting mediation and a quarterly legal clinic to help women better understand their rights and options.”