Indigenous families and the Family Law Courts
The Family Law Courts help families resolve problems they may have due to separation and divorce. They are not criminal courts. They are civil courts set up to help families.
When you and your ex-partner or other family members can’t agree on things like who the children will live with, and how much time the children will spend with each parent, grandparent or other family members, you can ask the Court to help you decide. The Court can also help you resolve any money or property dispute related to your separation.
The Court may
- refer your family to community-based family counselling or family dispute resolution, or
- arrange for a conference with a court-based family consultant who will talk to your family and help you reach an agreement about the children.
If you can’t come to an agreement, a federal magistrate or judge may hear your case and make a decision for you.
Children and their Indigenous culture
Australia’s family law legislation requires the Family Law Courts to make decisions based on the best interests of the children. The law also recognises the importance of children keeping a connection with their Indigenous culture after family breakdown and separation. See section 60CC of the Family Law Act 1975.
The Court will look at many things when deciding what is best for Aboriginal and Torres Strait Islander children, such as:
- The lifestyle, culture and traditions of the children and the 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 on a child.
- The child-rearing practices of Aboriginal and Torres Strait Islander families.
Indigenous adviser
If required, the Court will try to appoint a person who understands Indigenous culture to help the Court decide the best arrangements for your family.
An Indigenous adviser may be appointed when you see a family consultant, a registrar or a judicial officer. The adviser is not there to speak for you about your case or translate for you; they will help the Court understand the relevant cultural issues so the Court can provide a culturally appropriate service to you. They will make sure that:
- The court process is not culturally biased
- You have a good chance to present your views, and
- The court process is sensitive to and responsive to your needs.
Indigenous interpreter
Court staff may organise an Indigenous interpreter for you if you are having difficulty understanding the staff or communicating in English.
Asking questions
Some Court forms ask a question about your culture including your Indigenous status, for example:
“Are you of Aboriginal or Torres Strait Islander origin?”
You are not required to answer this question, but your answer will help the Court plan and deliver services to Indigenous people.
This question is also asked by health services, schools, universities and other Commonwealth departments, such as Centrelink.
What will we do with this information?
If you indicate that you are of Aboriginal or Torres Strait Islander origin, the Court will provide you with information about specific services for Indigenous families such as Indigenous Legal Aid. You are not obliged to use these services, though you may find them helpful.
The information will be kept on your Court file and will only be available to Court staff involved in your case; for example, the judicial officer, the parties to the proceedings and their lawyers.
The Court collects this information so we can know more about families who choose to use the Court and its services. Then we are better able to respond to the individual and specific needs of families, including Aboriginal and Torres Strait Islander families.
How you can help the Court help you
Tell the Court if you have any needs or problems, including:
- concerns about your safety or the safety of your family when attending court
- if you have a current Family Violence Order
- if you would like an interpreter, and
- if you would like a family member or support person to come to court with you.
Give the court complete and accurate information.
Tell us if you can’t attend a scheduled conference or court event.
Attend all your court appointments and hearings unless excused by the Court.
Getting help
Family Law Courts
The Family Law Courts work hard to respect cultural protocols. Our staff are culturally trained so they can help you better. Please ask if you need any help or would like any information. We have several publications that explain how the courts work and special programs of the courts.
If you want to know more about the Family Law Courts or get copies of our publications, call us on 1300 352 000, or go to the forms or publications sections of this website.
Family Relationship Centres
You may receive advice and assistance from Indigenous staff at some Family Relationship Centres. Call 1800 050 321 or go to www.familyrelationships.gov.au for more information.
Indigenous Legal Aid Services
If you need legal help and you do not have a lawyer, you may be able to receive help from an Indigenous legal aid service:
ACT/New South Wales: Aboriginal Legal Service: (02) 8842 8000
Victoria: Victorian Aboriginal Legal Service: 1800 865 064
North Queensland: Aboriginal & Torres Strait Islander Community Legal Services: (07) 4722 5111
South Queensland: Aboriginal & Torres Strait Islanders Legal Service: 1800 012 255
Western Australia: Aboriginal Legal Service: 1800 019 900
South Australia: Aboriginal Legal Rights Movement: 1800 643 222
Tasmania: Tasmanian Aboriginal Centre: 1800 132 260
Far Northern Territory: Aboriginal Justice Agency: 1800 898 251
Southern Northern Territory: Aboriginal Legal Aid Service: 1800 636 079
The Family Law Courts strive to ensure the needs of Aboriginal and Torres Strait Islander people are considered when going to Court.
Back to top
* For further information or to get paper copies of this document sent to you, call 1300 352 000, or visit a family law registry near you.