Considerations in Aboriginal Children's Matters

Custody of — Relevance aboriginality to welfare of child — Admissibility of expert evidence

Held, that expert evidence of the difficulties faced by Aboriginal children raised in a non-Aboriginal background is a relevant issue for the determination of what is in the best interests of an Aboriginal child. It is the role of a separate representative to present such evidence to the court in an appropriate case. Consideration of the issues involved.

Cultural heritage — Aboriginality — Relevance to welfare of child — Expert evidence

Held: Expert evidence of the difficulties faced by Aboriginal children raised in a non-Aboriginal background is a relevant issue for the determination of what is in the best interests of an Aboriginal child. It is the role of a separate representative to present such evidence to the court in an appropriate case. Consideration of the issues involved.

Duty — Where evidence favourable to party

Held: A trial judge erred in limiting evidence adduced by a separate representative of the child to evidence that could not be led as part of one of the parent's case. The separate representative had a duty to ask questions relevant to the welfare of the child and it did not matter that the separate representative supported, or was perceived to support, one parent.

Posted in: Derek Legal Blog at 13 May 20