The solution is within our own families. Using the Family Law system in Australia to support Indigenous families

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2 The solution is within our own families Using the Family Law system in Australia to support Indigenous families

3 The solution is within our own families Rick Welsh - The Shed Karen Barker Family Consultant Family Court of Australia and Federal Circuit Court

4 The Shed

5 The solution is within our families Roadshows for Greater Sydney Family Law Pathways network Collaboration between member of the Stolen Generation, Indigenous communities, community organisations, Family Law Courts and legal practitioners

6 Facts about Indigenous families Today, over one third of the 39,621 children in out-of-home care in Australia are Indigenous even though Aboriginal and Torres Strait Islander children represent only 4.6 of the child population (SNAICC)

7 Incarceration rates for Indigenous people Currently, Indigenous people represent 1-in-4 people in prison (26%) The rate of increase in Indigenous imprisonment is fastest growing among women and juveniles: Indigenous juveniles are 31 times more likely to be in detention than non-indigenous juveniles The imprisonment rate for Indigenous females increased by 58.6% between 2000 and 2010.

8 The Stolen Generations The Stolen Generations is the name given to the Aboriginal and Torres Strait Islander children taken away, forcibly removed or made wards of the state by the assimilation policies of successive Commonwealth, State and Territory governments of Australia 6 th and 7 th generation of the same family being removed

9 Courts and how Indigenous families get to them FACS (DOCS) NSW Children s Court Police NSW Local Courts??????? Family Law Courts

10 Family Law Courts Family Court of Australia Federal Circuit Court (introduced in 2000)

11 Family Law system When a court is making a parenting order, the Family Law Act 1975 requires it to regard the best interests of the child as the most important consideration Primary Considerations: meaningful relationships with both parents and the need to protect the child from harm, abuse or family violence

12 Family Law Act 1975 Additional Considerations include: The right of an Aboriginal and Torres Straight Islander child to enjoy his or her culture and the impact a proposed parenting order may have on that right

13 Qualifications Family Consultants Psychologists or Social Workers Significant experience with families and children

14 Family Reports Family assessment and reporting Assessment of child and family Social science based Child-focused Not on either parent s side Safety/ risk focus Written report which becomes evidence in court

15 Family Report Family Report (FCC and FCoA) Generally prepared for trial purposes Child-focused / risk focused Generally includes Review of file documents Review of subpoenaed documents (only with leave) Interviews with parents Interviews with children Formal observation of parent/child interactions Information from appropriate agencies / professionals Provides recommendations for final orders Subject to cross-examination

16 The solution is within our own families Case study (Issues about child safety: family violence, substance abuse, parental mental health, children s views, allegations of child abuse) Mother: Father: Children: Marilyn (28 years) Craig (34 years) Trent (9 years) Therese (8 years) Corinne 6 years)

17 Case study Child safety issues/ conflict between the parents State Court Removal Family Law Courts Legal Advice Referrals Case management

18 Triggers to get Family Law Advice If your family members are not looking after the children as well as they could. If you are considering leaving your partner; When you have a family breakdown/separate; If you have not seen your children, grandchildren; When child s relative has taken them without consent; When there is an Domestic Violence Order; When FaCS/DoCS give you a Safety Plan ; If an ex-partner wants to move/relocate.

19 The solution is within our own families Importance of early action and legal advice Community resources Referrals Court Applications and Consent Orders