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Children and 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.

More information

Commonwealth family law

Parenting orders

Related publications

You and family law: a short guide

How we can help

Call Legal Legal Help for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.

Our other free legal services include:

  • free contravention workshops about how to prepare a contravention application and represent yourself if your former partner breaching (disobeying) court orders 
  • legal advice at our offices and other locations across Victoria
  • lawyers who are on ‘duty’ to help at many courts and tribunals.

For some matters we can provide you with a lawyer to help you run your case.

To find out more about any of our legal services see What we do.

Who else can help?

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.

You can also contact: