Family Court
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Sudanese Leaders and the Family Court Family Relationships Issues:
On 5th September, 2005, Sudanese Community Leaders brought their culture to the Family Court, in a day of lively discussion and debate. The day was facilitated by Springvale Community Aid and Advice Bureau and the staff of the Family Court in Dandenong. This was part of our ongoing dialogue with the leaders about the role and processes of the Family Court after previous consultations with Justice Mushin and others from the legal system, about ‘family relationships’. All attendees were given a comprehensive folder full of information about the Family Court. Attendees included representatives of the following groups:
Summary of Proceedings:
The day began with a welcome from Brenda, Client Services Officer who introduced the Family Court and gave an outline of Australia’s court system and the relevant areas of law. This was followed by discussion around understandings on child custody, judicial independence and the Courts Cultural Diversity Plan, 2004. This plan has a community focus that aims to compliment cultural processes.
Illana then gave an interactive and informative presentation on Children’s issues when families break down and how decisions are made about children in the Family Court. This area was obviously of great interest and raised many issues of potential difference between Sudanese Culture and Australian Law. It was clear that it is an area where values in Australia about separation, divorce, parenting, and child custody are very complex and differ greatly from cultural traditions in Sudan.
Property Issues were also discussed by Court staff, which covered areas of spousal maintenance, how property is divided, and issues around joint wealth when applying for divorce in Australia. The topic of dowry created much discussion and was of great interest to all. It was concluded that issues of dowry would be dealt with on the basis of Australian Law; however Sudanese culture and dowry should always be brought to the courts attention. This is to recognise that dowry is relevant to all decision making but can not be generalised and requires each case to be considered carefully.
The final presentations were from Legal Aid and from Court Network. Both of these complimented the previous presentations on the court system, helping to advise the group about the free support and information available to people going to court. Legal Aid can provide free representation and non-legal advice about the law and court procedures. Court Network is a free service providing support, information, referral, in a respectful and safe environment. Both services gave useful knowledge The highlight of the day was informal discussion between the Sudanese Leaders and
Justice Mushin. He was well received by everyone, and demonstrated his passion in acknowledging culture and ensuring cultural understandings are brought to the application of justice. Justice Mushin clarified terms such as ‘judicial independence’, assuring participants that this discourages corruption in Australia judiciary. Issues of dowry were also discussed, again highlighting the complicated nature of balancing Sudanese culture and Australian Law. A point of great interest was the ability of cultural Leaders to give evidence of cultural practices in court. This helps ensure all judges are informed about specific cultural practices and encouraged to take such matters into consideration when making a ruling. Justice Mushin reiterated though that even though there is an ability to advocate for Sudanese Culture, ultimately the decision is informed by Australian Law. The day was full of discussion and debate about how to translate cultural law into the context of Australian Family Law. Many interesting and valuable opinions were expressed that enlightened those attending about matters of Sudanese culture and Australian Law. After a busy morning all participants enjoyed a delicious lunch and informal chat in the law library at the Court. It was
generally agreed that the session had continued to raise issues for the future but that it was most valuable all round. As a conclusion to the day, leaders sat in for an hour on an actual Court Session, where three matters of Family Law were conducted with Justice Mushin presiding. This have them an excellent idea of how the law is enacted in real life situations.
Feedback on Session: These areas for ongoing work and liaison were determined;
Content: Presentation: Venue:
These areas include the following:
Some issues were also identified that need to be addressed by the wider community. These revolved around creating a greater cultural understanding of Sudanese culture and how it can be positively included into mainstream culture. More specific issues that the community needs education about include understanding dowry systems and Sudanese family issues. It was highlighted that this education needs to focus particularly on young people.
We would like to thank Sudanese Leaders and Court Staff for their interest, participation and, if you would like more information, please contact the Settlement Team at Springvale Community Aid and Advice Bureau.
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