In discussion of Aboriginal and Torres Strait Islander customary law, the emphasis has been more on land law and criminal law than on the operation of family law. The author argues that we should seriously examine the ways in which indigenous customary law as it affects the family can be recognised within the Australian legal system. The recommendations of the Australian Law Reform Commissions 1986 report, 'The Recognition of Aboriginal Customary Laws', report no.31 are used as a basis for looking at the specific issues in the area of the family, namely: marriage, custody issues, child protection and care legislation, and adoption. The author argues that the problem of the incorporation of Aboriginal and Islander customary law cannot be adequately solved without addressing the issues of access to justice by Aboriginal and Islander people and without the courts themselves taking steps to become aware of the customs and culture of indegenous people. Developments in this area are described. They include: the setting up of an Aboriginal and Torres Strait Islander Awareness Committee, cross cultural training of judges and court staff in the top end and centre of the Northern Territory, initiatives in Darwin and Alice Springs, and the extension of counselling services to the Torres Strait Islan