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CULTURALLY RESPONSIVE FAMILY DISPUTE RESOLUTION PROCESSES

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Developing culturally responsive FDR in two Family Relationship Centres (FRCs) ... Parenting practice, expectations & roles highly culturally determined & gendered ... – PowerPoint PPT presentation

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Title: CULTURALLY RESPONSIVE FAMILY DISPUTE RESOLUTION PROCESSES


1
CULTURALLY RESPONSIVE FAMILY DISPUTE RESOLUTION
PROCESSES
  • Dr Susan Armstrong
  • School of Law, UWS
  • Family Relationships Services Australia
    Conference
  • Cairns, November 2008

2
Overview
  • Developing culturally responsive FDR in two
    Family Relationship Centres (FRCs) in greater
    western Sydney Parramatta Bankstown
  • UWS consortium partner (research) with Anglicare
    Centacare lead agencies

3
What is it?
  • Culturally responsive service provision
  • Culturally responsive FDR
  • FRC access
  • FDR process outcomes
  • acknowledge cultural assumptions framing law
    FDR
  • not discriminatory and does not jeopardise the
    rights of others, is consistent with law

4
CALD
  • Culture - process - dynamic - hidden
  • Ethnicity self-perceived shared identity - 2006
  • 24 OS born, 16 NES country
  • 16 speak LOE 26 one parent born OS
  • GWS 55 speak LOE Arabic, Chinese, Turkish,
    Greek, Korean, Vietnamese
  • GWS new emerging communities Sudan, Iraq,
    Afghanistan

5
Culturally responsive FDR process
6
Cultural competence
  • Culturally aware, sensitive competent
  • Organisational policy, service model, links
  • Professional training, experience, disposition -
    outside ? in
  • Aware of how cultural diversity expresses itself
    among individuals within the group
  • Willing to let family be expert
  • Aware cultural context self, practice, law
  • Sawriker Katz, 2008

7
Intake
  • Culturally constructed
  • cultural norms disclosure sensitive information
  • Potential complexity - in person, rapport, time
    support
  • Identify cultural and linguistic context,
    barriers
  • Who is family structures, obligations, kinship
  • Ensure client understand concepts
  • Listening, clarifying, probing
  • Literacy providing further information

8
Assessment
  • Capacity to freely negotiate is cultural context
    any other matter relevant?
  • Explore cultural and linguistic context
  • Factors inhibit CALD women disclosing violence
  • Diagnose cultural dimensions of dispute
  • Knowledge of potential cross-cultural issues

9
Pre-FDR
  • Ensure process suited to needs parties
  • Discuss cultural attitudes physical space,
    privacy, role 3rd party, role others
  • Recognise cultural communication patterns
    stress, affective
  • Expectations stages, opening statement,
    alternatives, concerns, caucus, concepts

10
Family Law Act cultural context
  • Best interests
  • Monocultural parenting norms
  • Shared parenting
  • Principle childs right to enjoy his/her
    culture, including with others who share it
  • BI childs background (including lifestyle,
    culture and traditions) of child parents

11
Parenting programs
  • Child in focus, Building connections
  • Cultural values
  • Process style
  • Parenting practice, expectations roles highly
    culturally determined gendered

12
Children
  • Right to enjoy which cultures?
  • Intersection with other issues (mental health,
    DV, economic pressure, trauma)
  • Hearing CALD childrens voices?
  • Child inclusive consultations

13
FDR Parenting
  • FDRP advisory obligations s63DA
  • Equal time / substantial and significant time
  • Events and occasions that are of special
    significance to the parent or child
  • Parenting culturally determined
  • Complex disputes
  • Child rearing development expectations
  • Consider extended family, cultural events
  • Strategies about how to have conversation

14
Conclusion
  • Significant potential
  • Aware limits
  • Research
  • Identify how FRCs can assist CALD communities
    after separation
  • Identify implement best practice culturally
    responsive FDR
  • Evaluate its operation in two FRCs GWS
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