Importance of Aboriginal and Torres Strait Islander culture
The Family Law Act recognises the importance of children maintaining a connection with their Indigenous culture following family breakdown.
According to the Family Law Act, it is in the child’s best interests to maintain a connection with their Aboriginal and Torres Strait Islander culture and have the support, opportunity and encouragement to:
- Explore the full extent of that culture, and
- Develop a positive appreciation of that culture.
Aboriginal and Torres Strait Islander culture and parenting orders
When making a parenting order, the court must look at the impact the order would have on the child’s right to enjoy his or her Indigenous culture.
When deciding what is best for Aboriginal and Torres Strait Islander children, the court will look at:
- The lifestyle, culture and traditions of the children and their parents.
- The rights of a child to enjoy his or her culture, including the right to enjoy that culture with other people who share that culture.
- Any kinship relationships that may impact the child.
- The child-rearing practices of Aboriginal and Torres Strait Islander families.
The court may appoint a person who understands Indigenous culture to help the court make the best arrangements for Indigenous children. This person is known as an Indigenous adviser.
The role of the Indigenous adviser is to help the court understand the relevant cultural issues so the court can provide a culturally appropriate service. They make sure:
- The court process is not culturally biased.
- The Indigenous party (or parties) has an opportunity to present their views, and
- The court process is sensitive to and responsive to Indigenous needs.
It is not the role of the Indigenous adviser to directly represent the Indigenous party or to translate.
An Indigenous adviser may be appointed when the parties see a family consultant, a registrar or a judicial officer.
If an Indigenous person is having difficulty understanding the court staff or communicating in English, the court can arrange an Indigenous interpreter to assist. For more information, contact the Family Law Courts.