Children & Indigenous culture

The Commonwealth Family Law Act 1975 recognises the importance of children maintaining a connection with their Indigenous culture following family breakdown. The court will take into account the lifestyle, culture and traditions of the children and of either of the children’s parents.

The Act says that it is in the best interests of children to have support, opportunity and encouragement to:

  • explore their Indigenous culture
    and
  • develop a positive appreciation of that culture.

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. This includes enjoying culture with others who share the same culture.

The family law courts can hear evidence from people who understand the children’s culture. These witnesses can help the court make the best arrangements for individual children.

Some family law courts in your area may also provide services such as advice and family dispute resolution for Indigenous people. You may also receive advice and assistance from Indigenous staff at some Family Relationship Centres. Contact your local Aboriginal legal service, legal aid commission, community legal centre, family law courts or Family Relationship Centre for more information. See ‘Getting help – services’ (link below) for contact details.

More information

Commonwealth family law

Parenting orders

Getting help – services

Related publications

Child support and parentage testing

How to run your family law case

The role of an independent children’s lawyer

You and family law: a short guide