Indigenous families and separation
If you are an Australian Aboriginal or Torres Strait Islander and you are going through a separation or divorce, you may have some additional issues and concerns about the separation and your children.
Family law concerns and decision making
You might find it difficult to understand what happens to your children after separation or divorce. The Australian 'Family Law Act' is guided by the principles of 'the best interests of the child' and 'equally shared parent responsibility'. This may seem inappropriate to you because your children may have also been raised by your extended family and kin, who may want to have a say in the decision-making process.
If you are concerned about what will happen to your children and need some advice, please click here to find a list of indigenous services that can help you to make the right decisions for you and your children. It may also be important to involve other members of your family, and your older children, when you are making decisions about what happens to them.
Family violence and child abuse
You may be in a situation where your children are directly or indirectly experiencing family violence. Unfortunately, violence between parents and/or other family members can lead to separation or separation can lead to family violence. Not only are the separating partners and other family members affected, but the children are affected as well.
Child abuse does not only include neglect or physical, psychological or sexual hurt to a child, but witnessing violence is also considered to be a form of child abuse. If your children are witnessing or are directly involved in family violence, or you are concerned about your safety and/or your children's safety, make sure you tell someone you can trust. There are also services that can help you to deal with the situation and protect you and your children from further harm. To find out more about the effects of Domestic and Family Violence on children, click here.
Financial issues
There is often a reduction in income after a separation. You may be concerned about finding accommodation or paying your bills. Also, you may be finding it hard to find employment. If you are on a low income there are services that can assist you.
You may find it hard to understand some of the words used in court or by lawyers.
Understanding the jargon used in courts or by lawyers can be difficult. If you need help with translations for any court events, please ask court staff to help you organise this (these services are free of charge). Some staff members of services speak Indigenous languages as well, so they can help you translate. Also, there are a number of services offering support if you have reading or writing needs.
Leaving your country
After your separation you may have moved into more urban areas, away from your familiar surroundings and your traditional land. If you are facing problems with homemaking, new financial challenges, cultural isolation or isolation from your kin, there are services that can assist you.
Loneliness
After separation or divorce your children may not be living with you anymore, which could make you feel lonely. You may be afraid that you cannot have contact with them or see them anymore. If you need support to get in contact with your children there are Indigenous services that can assist you. Other mainstream services offer counselling and support as well. They can also help you get through the grieving and the loneliness.
Public transport
If you are not used to taking the bus to get around, visiting your relatives or access to your children who may live far away can be quite a challenge. Don't hesitate to ask for help, you are not the only one struggling with that problem.
There are many special services that can help Indigenous parents to cope with separation in ways that help keep you and your children safe.
