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The Experiences and Outcomes of Pro Se Litigants in Family Law

NAVIGATING JUSTICE

ALONE

12. Questions

11. Closing

10. Personal Statement

6. Professional Goals

5. Impact

4. Research Approach

9. Sustainability

8. Timeline

7. Budget and Use of Funds

2. Project Narrative

3 Complexity of Family Law

1. Introduction

INDEX

50% of divorce cases involved children

74% of cases had a pro se litigant

45% ended in Divorce

14,304 Marriages

In Idaho 2022

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Complexities of Family Law

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Project Narrative

Examine how pro se litigants impacts case outcomes in family law, particularly in custody and parental rights, and to identify systemic barriers that low-income families face in navigating the legal system.

‘The man who represents himself has a fool for a client.'

- Abraham Lincoln

Propose solutions to improve access to justice.

Identify systemic barriers faced by low-income families.

Examine how self-representation affects custody decisions and parental rights.

Objectives

Research Methodology

Collaboration with legal aid organizations and court systems.

Data collection through court records, interviews, and case studies.

Guided by Access to Justice and Procedural Justice theories

Theoretical Framework

Data useand access

Data collection

Research APproach

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Budget Overview

Travel and Operational Costs

Professional Development and Training

Data Acquisition and Public Records Requests

Software and Data Analysis Tools

Dr. LaChelle Rosenbaum: Providing ethical guidance and ensuring research integrity. • Legal Aid Services: Supporting data collection and real-world case studies. • Court Records: Accessing data through Data Use Agreements (DUA) and Freedom of Information Act (FOIA) requests.

Partnerships

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This research will inform the creation of self-advocacy materials and training programs for pro se litigants in family law. • It aligns with my long-term vision of advancing equity in the legal system, ensuring that justice is not determined by financial status. • Through this project, I will develop essential tools for unrepresented parents, equipping them to navigate court processes effectively.

Budget and Use of Grant Funds • $25,000 will be allocated to: • Software: Data analysis and visualization tools. • Professional Development: Family law training, networking, and memberships. • Data Acquisition: Public records requests, consulting fees, and research materials. • Travel: Local and out-of-state conferences. • Operational Costs: Secure data storage, office supplies, and communication. This budget ensures the resources needed for successful research and impactful results.

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Timeline • Feb - Sep 2025: Finalize research framework and gather data through court records, interviews, and public case files. • Oct 2025 - Mar 2026: Analyze data, begin coding case outcomes, and attend workshops for professional development. • Apr 2026 - Sep 2026: Draft findings, develop resources for pro se litigants, and present preliminary results to partners for feedback. • Oct 2026 - Feb 2027: Finalize the research report, advocate for policy reforms, and disseminate findings through presentations and publications.

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Sustainability • Additional Funding: Ongoing pursuit of grants from legal reform and access to justice organizations. • Partnerships: Collaborations with legal aid, advocacy groups, and policymakers to implement research findings in practical ways. • Long-Term Impact: Development of guides, workshops, and online resources for pro se litigants, ensuring the project’s results continue to foster family law reform and improve access to justice.

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Complex

Reveal

B. File an Objection under IRFP 504, request an immediate hearing, and ask the court to vacate the order.

You’ve been served with an ex parte order based on false abuse allegations, suspending your visitation rights. Pursuant to Idaho Rule of Family Procedure 504 and Idaho Code 39-6308, what is your next step?

A) File a Motion to Modify Custody and wait for a mailed court notice.B) File an Objection under IRFP 504, request an immediate hearing, and ask the court to vacate the order.C) Pursuant to Idaho Code 39-6308, ask the court clerk to mail a notice of hearing to both parties.D) Wait for the court to notify you of a scheduled review hearing.

Multiple Choice

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Next

To begin a custody case in Idaho, you must file a petition with the court that outlines your request for legal and physical custody of the child.

True or False?

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C. File for Defaulted Judgement

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You are representing yourself in a custody case and the other parent has not filed a response to your petition within the required 20 days. What is the best course of action?

A) Request the court clerk to close the case for lack of responseB) Wait for the court to mail a notice to the other parent reminding them to respondC) File a motion for Default JudgementD) Call the other parent to remind them of their deadline

Multiple Choice

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Attorney vs. Michael

in the interest of five children

in the interest of two children

Attoenry vs. Chris

in the interest of one child

Attorney vs. Nenah

Case Examples

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Projection

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Data Collection

  1. Analyze family court records from the Canyon County Magistrate Division
  2. Interview legal aid organizations and stakeholders to gain insights

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Theoretical Framework

Access to Justice Theory: This theory focuses on the systemic barriers that prevent individuals from accessing legal representation, emphasizing how representation impacts outcomes in family law cases. Procedural Justice Theory: This theory highlights the importance of perceived fairness in the legal process, focusing on how pro se litigants view their experience in family courts and whether they believe they were treated fairly.

DATA USE AND ACCESS

  • Data Use Agreements (DUA): Secure agreements with the Idaho Supreme Court and other bodies to access detailed court records.
  • Public Records Requests (FOIA): Obtain key case data from Canyon County and Lewis-Clark State College.
  • Partnerships: Collaborate with Legal Aid Organizations to gather real-life case studies.

Opportunities

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  • Individual who represents themselves in court without the assistance of an attorney
  • Handles all aspects of their legal case, including filing documents, presenting evidence, and advocating for their own position before the court.

What is a pro se litigant?