We recognize that Aboriginal and Torres Strait Islander communities face significant disadvantages. For many reasons, including past and present injustices, Aboriginal and Torres Strait Islander people are reluctant to use legal and government services. There are many reasons for this reluctance. We understand that communities may have complex legal needs that are not being met. The Aboriginal and Torres Strait Islander (Qld) Legal Service provides legal representation to Aboriginal and Torres Strait Islander people in criminal, civil and family law. We help families deal with separation issues. We can help you with things like referrals or finding legal counsel, which leads to better outcomes for children. Our goal is for decisions to be made by parents and caregivers, not by a court judge. Dispute resolution is very effective if used early. If you are Aboriginal, there are some legal issues that will receive special attention in family court: many of the legal considerations for parenting after separation or divorce are the same for Aboriginal and non-Aboriginal families. Ask for legal advice quickly so that the person helping you can understand your situation and give you the right advice. Legal Aid Queensland offers free legal representation, advice, information and recommendations to Aboriginal and Torres Strait Islander people.
The Aboriginal Family Legal Service Southern Queensland (AFLSSQ) provides free legal advice, support and representation to Aboriginal and Torres Strait Islander families in south Queensland. You can help if you: Contact our Aboriginal and Torres Strait Islander staff with your questions. Discrimination is when you think you are being treated unfairly in your work, your studies, your housing; when you receive goods and services or in any other area of your public life because of your race, age, gender, political or religious beliefs (or activity) or any other aspect of your private life. Under family law, all children, including indigenous children, have the right to remain in touch with their culture and heritage. When making decisions about parenting arrangements, the court is concerned about the actual practices or cultural experiences that each parent offers the child. The court considers that the filiation of a child is part of the best interests of the child as part of the best interests of the child. You or your partner may not sell shares in the house without the consent of the other person (agreement). For more information, see Your home in reserve. If Aboriginal parents separate and cannot agree on custody of their children, they can receive the usual court orders on parenthood. In rare cases, a decision of the band council may prevent a parent who is not a band member from going to the reserve to see their child. If this is your situation, it`s a good idea to get an order or agreement for parental leave or a contact that specifies where drop-offs and pickups can take place off-reserve.
Family LawLINE (Legal Aid BC) – A telephone service where family law lawyers provide advice on parenting time, support and arrangements, and child protection. The Parents` Legal Centre (CPP) aims to help parents resolve their child protection issues early and together. It provides services at every stage of the child protection issue. To learn more about parent assignments, see Parenting apart on the Family Law in BC website. If you live on reserve and are responsible for your child`s safety: If you do not live on reserve and need information about income support, read the brochure How to Apply for Social Assistance. The Queensland Human Rights Commission deals with all issues of discrimination and unfair treatment. Your child`s heritage could be Indigenous or from other cultures. The court deals with certain cultural practices or contacts that each parent can provide to your child, rather than the culture itself.
Indigenous parents who make arrangements for their children outside of court proceedings may be able to get help from: We help families in the process of separation make decisions about parenting arrangements and finances in a safe and supportive environment with the help of lawyers. Call the Aboriginal Information Line at 1300 650 143 to make an appointment. You can learn more about this online service and other dispute resolution services available on MyLawBC. For example, if the court considers the best interests of the child when issuing parenting orders, it may consider your child`s Indigenous heritage, traditions and culture. Queensland`s Indigenous Domestic Violence Legal Services helps Aboriginal and Torres Strait Islander people deal with domestic violence and sexual assault. Our goal is to resolve family disputes that are culturally safe and secure for all families. This framework helps align our services and approach. We will continue to review and implement the framework and welcome feedback on this and our services, including those of the Indigenous-controlled services we work with, such as DjirraExternal link and the Indigenous Legal Service of the State of Victoriaexternal link. The same rules for child benefits and spousal support apply to parents of Aboriginal and non-Aboriginal parents. An important difference applies to Aboriginal parents who pay child support who: In these cases, the court “extrapolates” the income of the parent who pays child support to ensure that the children receive a reasonable amount of child benefits. The Bc Act provides special conditions for the care of Aboriginal children in child protection situations.
The law recognizes that when the court decides on parenting time and contact with a child, it may take into account your child`s parentage. Other considerations for Indigenous children are described below. Learn about non-prison and First Nations court sentences. Crown-Indigenous Relations and Northern Affairs Canada should only do so if both parents die without leaving a will that transfers guardianship to another person.