First Nations people and family law

Australia's family law system helps people resolve the legal aspects of family relationship issues, including family relationship breakdown.

The family law system encourages separating parents to work out arrangements for children between themselves without going to court, where it is safe to do so. Parents can attend family dispute resolution or mediation and set out the arrangements they want to put into place for their children by making a parenting plan or agreeing to consent orders. If the parenting arrangement cannot be agreed between the parents, a person is able to make an application to the court to determine the parenting arrangement.

There are a range of government-funded services and supports available to assist Aboriginal and Torres Strait Islander people with their family law matters.

Family relationship services for First Nations people

Family Relationships Online

Family Relationships Online provides information to all Australians about government-funded support services available to help separating and separated couples. Support services that families can connect with through Family Relationships Online include:

• counselling
• family mediation and dispute resolution
• legal advice
• financial advice.

Find out more information about family relationship services at Family Relationships Online.

Family Relationship Advice Line

The Family Relationship Advice Line is a national telephone service that provides information and referrals to relevant family relationship or legal services. Anyone can call the advice line – including family members or friends.

You can also access free and simple legal advice through the Family Relationship Advice Line Legal Advice Service. 

Contact the Family Relationship Advice Line on 1800 050 321 from 8 am to 8 pm Mondays to Fridays, and 10 am to 4 pm on Saturdays (except national public holidays).

13YARN

13YARN is a national crisis support line for Aboriginal and Torres Strait Islander people that provides a confidential, culturally safe space to talk with an Aboriginal or Torres Strait Islander crisis supporter. Find out more at the 13YARN website.

Family Advocacy and Support Services

The Family Advocacy and Support Services (FASS) helps families affected by family violence who have matters before the family law courts.

Both men and women, whether they are a victim or an alleged perpetrator, are eligible for FASS services. Services include:

• assisting with the preparation of applications and notices of risk
• developing safety plans
• assisting parties to manage matters across the family law, State domestic violence and child protection systems
• ensuring appropriate social support referrals for clients' non-legal matters.

Find out more about FASS at the Family Violence Law Help website.

Domestic violence units and health justice partnerships

Domestic violence units provide free front-line legal assistance and other holistic support, for women affected by family and domestic violence. The units provide legal advice and assist clients to access services such as financial counselling, tenancy assistance, trauma counselling, emergency accommodation, and employment services. Find more information about domestic violence units, including their locations, see our Specialist domestic violence assistance page.

At health justice partnerships, lawyers and health professionals work together to assist women experiencing domestic violence. Lawyers work at hospitals and health centres to ensure women can access legal assistance in a safe location. They also train health professionals to recognise when women have legal problems related to domestic violence. Find out more about health justice partnerships at Health Justice Australia.

Family dispute resolution services for First Nations families

Family dispute resolution is a process in which a family dispute resolution practitioner helps people affected, or likely to be affected, by separation or divorce, to resolve some or all of their disputes with each other, in relation to children or property.

The law requires families affected by separation, who have a dispute about the care of children, to make a genuine effort to try to sort it out through family dispute resolution before filing an application for parenting orders in court. There are a few exceptions to this requirement, such as cases involving family violence, child abuse or urgency.

There are 8 Aboriginal community-controlled organisations funded by the government to deliver culturally safe and appropriate family dispute resolution for Aboriginal and Torres Strait Islander families. For more information about the 8 providers, see our Family Dispute Resolution page.

Legal assistance for First Nations people

Aboriginal and Torres Strait Islander Legal Services

Aboriginal and Torres Strait Islander Legal Services (ATSILS) are Aboriginal community-controlled organisations. ATSILS deliver free and culturally appropriate legal assistance services to Aboriginal and Torres Strait Islander people, including advice, representation, information and referrals.

There is an ATSILS provider in each state and territory (with the same provider servicing NSW and the ACT):

• Aboriginal Legal Service (NSW/ACT) Limited
• Victorian Aboriginal Legal Service
• Aboriginal and Torres Strait Islander Legal Service (Qld) Ltd
• Aboriginal Legal Service of Western Australia Limited
• Aboriginal Legal Rights Movement (South Australia)
• Tasmanian Aboriginal Legal Service
• North Australian Aboriginal Justice Agency

Find out more about ATSILS at the National Aboriginal and Torres Strait Islander Legal Services website.

Family Violence Prevention Legal Services

Family Violence Prevention Legal Services (FVPLS) provide culturally safe, wrap-around legal assistance and non-legal support services to Aboriginal and Torres Strait Islander survivors and victims of family, domestic and sexual violence, as well as their families and relevant kinship. FVPLS work collaboratively with other legal assistance and related support services including court support, child protection, and information and referral services.

Find out more at the First Nations Advocates Against Family Violence website.

The family law courts and Indigenous Australians

The Federal Circuit and Family Court of Australia can work out parenting, financial and property matters. In Western Australia, these decisions are made by the Family Court of Western Australia.

A family court is not a criminal court. It is a civil court to help couples and families and to keep children safe.

Indigenous Family Liaison Officers

Indigenous Family Liaison Officers work in the Federal Circuit and Family Court of Australia and are located across Australia. Indigenous Family Liaison Officers help and support families to understand and engage with the court process. They can also connect people to legal and other support services.

Find out more about Indigenous Family Liaison Officers at the Federal Circuit and Family Court of Australia website.

Parenting orders and a child's right to enjoy their Aboriginal and Torres Strait Islander culture

Under the Family Law Act 1975, when the court is making a parenting order in relation to a child, the court must regard the best interests of the child as the paramount consideration. These parenting decisions, known as parenting orders, include who the child should spend time with and who should make decisions about major long-term issues for the child.

When determining the best interests of an Aboriginal and/or Torres Strait Islander child, the court must consider the child's right to enjoy their Aboriginal or Torres Strait Islander culture, as well as the support they will receive to connect to that culture.

This factor should also be considered when parents are trying to agree a parenting arrangement for their child out of court.

Find out more about how the court determines the best interests of the child, see our Children and family law webpage.

Relatives of a child

The Family Law Act 1975 has been updated to broaden the concept of family to be more inclusive of Aboriginal and Torres Strait Islander culture and traditions. The definition of a ‘member of the family' was broadened to include a person who, in accordance with their Aboriginal or Torres Strait Islander culture, is related to the child. This may include, but is not limited to, kinship systems of Aboriginal and Torres Strait Islander culture. This affects the court's mandatory consideration of family violence as well as the child's right to explore their culture and to connect with, and maintain their connection with, members of their family.

The expanded definition of ‘member of the family' does not apply to the notification obligations on parties to proceedings under the Family Law Act to inform the court of certain matters under sections 60CF, 60CH and 60CI.