Indigenous culture and parenting

The Family Law Act recognises the importance of children maintaining a connection with their Indigenous culture following a family breakdown. The Court considers these issues when making parenting Orders.

The Court may appoint an Indigenous adviser to help it understand how these issues will impact families.

An Indigenous interpreter can be arranged through the Family Law Courts if an Indigenous person is having difficulty understanding or communicating with Court staff in English.

Making a Parenting Order

When making a parenting Order, the Court must look at the impact it will have on the child’s right to enjoy their Indigenous culture.

When deciding what’s best for Aboriginal and Torres Strait Islander children, the Court will look at:

• the children’s and their parents’ lifestyle, culture and traditions.
• the child’s right to enjoy their culture, including the right to enjoy it with other people sharing the same culture.
• any kinship relationships that may impact the child.
• the child-rearing practices of Aboriginal and Torres Strait Islander families.

Indigenous adviser

The Court may appoint an Indigenous adviser who understands Indigenous culture.

Their role 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) have an opportunity to present their views.
• the Court process is sensitive to and responsive to Indigenous needs.

It’s not the Indigenous adviser’s role 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.

Indigenous interpreter

An Indigenous interpreter can be arranged through the Family Law Courts if an Indigenous person is having difficulty understanding or communicating with Court staff in English.

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