News from the Family Court
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September 1995
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Abstract
The author discusses a recent decision of the Full Court of the Family Court which focuses on several important issues relating to disputes involving children of mixed race parentage. The case B and R and the Separate Representative (1995) FLC 92-636 involved a two year old girl who had been living in Tasmania with her white Australian father for nearly 15 months. Her Aboriginal mother lived in Victoria. Both custody and access were at issue and at first instance custody was granted to the father and access to the mother. The appeal involved three inter-related issues: removal of the child from her natural Aboriginal environment, differential treatment and separate representation. The author also discusses the background to and findings and recommendations of a recently released discussion paper: 'Representing the child's interests in the Family Court' prepared by a Family Court committee.
The author discusses a recent decision of the Full Court of the Family Court which focuses on several important issues relating to disputes involving children of mixed race parentage. The case B and R and the Separate Representative (1995) FLC 92-636 involved a two year old girl who had been living in Tasmania with her white Australian father for nearly 15 months. Her Aboriginal mother lived in Victoria. Both custody and access were at issue and at first instance custody was granted to the father and access to the mother. The appeal involved three inter-related issues: removal of the child from her natural Aboriginal environment, differential treatment and separate representation. The author also discusses the background to and findings and recommendations of a recently released discussion paper: 'Representing the child's interests in the Family Court' prepared by a Family Court committee.