Join us for an informal discussion as we look at the recent changes to the Family Law Act concerning First Nations people and talk with some of the first nations Family Dispute Resolution Practitioners (FDRPs) working in the area.
This presentation will highlight the legal amendments, and the session will also provide a platform to discuss the implications and impacts within Indigenous communities.
The focus is on Family Dispute Resolution's role in helping First Nations children have their Family Law and Human Rights supported.
Some of the questions we might ponder are:
- Member of the family - What difference will changing the definition of a "member of the family" make for Aboriginal and Torres Strait Islander children?
- Cultural Awareness—How can we, as FDRs and other professionals working with families, avoid assumptions about who the members of a child's family are?
- What does "connection" look like? How can we help children maintain their connection with the members of their family and their community, culture, country, and language?
- Child Protection - Can FDRPs play a greater role in helping to ensure that Aboriginal and Torres Strait Islander children have their Family Law Best Interests rights seriously considered when non-family or a child protection authority has court-ordered Parental Responsibility?
Through various perspectives and experiences of initiatives, we aim to foster a deeper understanding of the cultural, social, and systemic factors influencing family dynamics and legal processes for First Nations children and their families in Australia.
Whether you are an FDR practitioner, legal professional, case worker, or community advocate, we hope this event will offer valuable insights and meaningful discussions.
Don't miss this opportunity to engage in dialogue, share perspectives, and contribute to the ongoing conversation on enhancing access to justice and support for First Nations families under the Family Law Act.
The new legislation is effective from 6.5.2024
Definition of Relative - Family Law Act 1975
relative of a child:
(a) in Part VII, means:
(i) a step‑parent of the child; or
(ii) a brother, sister, half‑brother, half‑sister, step‑brother or step‑sister of the child; or
(iii) a grandparent of the child; or
(iv) an uncle or aunt of the child; or
(v) a nephew or niece of the child; or
(vi) a cousin of the child; or
(vii) for an Aboriginal child or Torres Strait Islander child—a person who, in accordance with the child’s Aboriginal or Torres Strait Islander culture (including but not limited to any kinship systems of that culture), is related to the child;
Best Interests of the Child Considerations - Family Law Act 1975
60CC - How a court determines what is in a child’s best interests
(a) what arrangements would promote the safety (including safety from being subjected to, or exposed to, family violence, abuse, neglect, or other harm) of:
(i) the child; and
(ii) each person who has care of the child (whether or not a person has parental responsibility for the child);
(b) any views expressed by the child;
(c) the developmental, psychological, emotional and cultural needs of the child;
(d) the capacity of each person who has or is proposed to have parental responsibility for the child to provide for the child's developmental, psychological, emotional and cultural needs;
(e) the benefit to the child of being able to have a relationship with the child’s parents, and other people who are significant to the child, where it is safe to do so;
(f) anything else that is relevant to the particular circumstances of the child.
(2A) In considering the matters set out in paragraph (2)(a), the court must include consideration of:
(a) any history of family violence, abuse or neglect involving the child or a person caring for the child (whether or not the person had parental responsibility for the child); and
(b) any family violence order that applies or has applied to the child or a member of the child’s family.
Additional considerations—right to enjoy Aboriginal or Torres Strait Islander culture
(3) For the purposes of paragraph (1)(b), the court must consider the following matters:
(a) the child’s right to enjoy the child’s Aboriginal or Torres Strait Islander culture, by having the support, opportunity and encouragement necessary:
(i) to connect with, and maintain their connection with, members of their family and with their community, culture, country and language; and
(ii) to explore the full extent of that culture, consistent with the child’s age and developmental level and the child’s views; and
(iii) to develop a positive appreciation of that culture; and
(b) the likely impact any proposed parenting order under this Part will have on that right.
