Presenter: Torres Strait Islander families e warned that the following animation might gud sensitive information about a sacred practice, protected under Ailan Kastom. All pikinini e no loud for watch this video without a parent or guardian wer thempla.
Presenter: Under Ailan Kastom, the cultural gifting practice is a ‘promise’ between families.
Presenter: Where e loud the permanent transfer blo parental rights and responsibilities from born parents to cultural parents.
Presenter: When families e wande culturally gift a pikinini, thempla mus talk about applying for formal cultural recognition.
Presenter: All should talk about this one while the mother e still pamle.
Presenter: If all famlies e gree, this one gomake the process easier.
Presenter: Now every situation, circumstance and journey go be different.
Presenter: A birth father gud the same rights to a pikinini as the mother, even if e no gud name blo thempla wer the birth certificate.
Presenter: Therefore all mus gree for legally and permanently transfer parental rights to the cultural parents as well.
Presenter: Sometimes you no go be able for get all them parents for sign the cultural recognition order application.
Presenter: Maybe you cant find the birth father or e nor safe for the birth mother for contact the birth father.
Presenter: Maybe a birth parent or cultural parent bin pass away.
Presenter: Or one of the parents e no gree for the process.
Presenter: If you no gud the cultural recognition order, cultural parents gud no legal relationship wer the pikinini.
Presenter: This one mean the pikinini’s legal identity no go match thempla cultural identity, and if e no gud the prapa paperwork, this one can mekem more hard in life.
Presenter: You can still apply for a cultural recognition order, but e might go look different.
Presenter: Sometimes you might have to apply to the court for a court order called a dispensation order.
Presenter: A dispensation order e one court order where e let you apply for a cultural recognition order where you no need for get a person’s legal consent.
Presenter: A lawyer from Legal Aid Queensland can give you advice and help you wer this process.
Presenter: The lawyer go ready your application for a dispensation order and all nada legal documents.
Presenter: All go be in court wer you either by phone, video or in person.
Presenter: The Commissioner’s office can also mekem straight, where e no go need for get consent from all parties, in some situations.
Presenter: If you go need for go court, your journey for legal recognition might go take long time.
Presenter: However, Legal Aid Queensland go provide legal support and the Office blo the Commissioner Meriba Omasker Kaziw Kazipa can offer cultural support for you and your family, every step of the way.
Presenter: If the court go give you a dispensation order, the Office blo the Commissioner can then process your application for a cultural recognition order.
Presenter: For learn more about applying for a cultural recognition order, contact the Office blo the Commissioner Meriba Omasker Kaziw Kazipa.
Presenter: Any contact go be confidential.
Presenter: Before you go apply for a cultural recognition order, you mus get independent legal advice because of the permanent nature blo this process and the effects this one might gud on your family’s life.
Presenter: For free legal advice and for learn more about dispensation orders, talk to a legal service provider wasse Legal Aid Queensland.
Presenter: Any contact go be confidential.