Child Protection & Children’s Law

CHILDREN'S COURT

Proceedings in the Children’s Court are conducted under the Children, Youth and Families Act 2005 (Vic), and therefore differ greatly to the Orders, pathways and principles which operate for families in other jurisdictions such as the family law system. These proceedings are often confusing for parents and carers to navigate and the overall experience can be very confronting for families particularly given the emotional impact these matters can incite.

One of the key difficulties that people experience when trying to navigate the Children’s Court is the wide array of information that they need to be aware of. It is not simply enough to know the law, it is necessary to be aware of the different services available to families, and how to effectively advocate to achieve your desired outcomes. At Resolve Conflict we are able to provide guidance and representation in relation to the following areas.

NAVIGATING CHILD PROTECTION INVESTIGATIONS

Receiving notice that Child Protection is conducting an investigation into your family can be intimidating and intrusive. But with the right advice and skilled advocacy it is possible to resolve these investigations without legal intervention.

PROTECTION APPLICATIONS AND CHILDREN’S COURT ORDERS

In cases where legal intervention does occur, we can assist you each step of the way to ensure you understand your rights, receive timely and expert advice around next steps and endeavour to resolve matters quickly with the goal that there be as minimal intervention as possible.

During legal intervention, discussions will occur at Court regarding:

  • Family preservation, being whether it is possible for a child to continue living at home;
  • Placement options, being where a child is to live if they are removed from parental care;
  • Contact, being the frequency and duration of time that a child will spend with their parents whilst in care, including whether that time needs to be supervised;
  • Reunification options, being how the Department and the family will work together to return a child to their parents care as soon as possible; and
  • Court pathways, being how the matter will progress before the Court to avoid unnecessary cost and delay to families.

We understand that each family is unique and tailor our advice to best suit your circumstances and any alleged risk issues identified to be impacting your child/ren.

Advice can also be varied depending on the Order that a child is subject to. The different orders which can be made by the Children’s Court include:

  • Temporary Assessment Order [TAO] which is made by the Children’s Court when it is believed that parents either directly or indirectly obstruct or evade a Child Protection investigation. The Order requires families to comply with the investigation and any conditions attached to the order.
  • Interim Accommodation Order [IAO] which is an order which controls where a child lives pending a final decision by the Court and while short term concerns are addressed.
  • An Order Requiring a Person to Give an Undertaking, which can require a child, parent or person who the child is living with to do, or not do, certain things for a specified period.
  • Family Preservation Order [FPO] which provides for the child to be placed in the day to day care of one or both of the child’s parents, with the Department providing oversight of the family.
  • Family Reunification Order [FRO] which, when a child is out of parental care, specifies where a child is to reside and what is required to have a child placed back with their parents.
  • Care By Secretary Order [CBSO] confers parental responsibility for a child onto the Secretary to the exclusion of all other persons for a period of 2 years.
  • Long-Term Care Order [LTCO] confers parental responsibility for a child onto the Secretary to the exclusion of all other persons until a child turns 18 years of age.
  • Permanent Care Order [PCO] which confers parental responsibility for a child onto person(s) other than the parents or the Secretary, to the exclusion of all other persons, until a child reaches 18 years of age.

In the event that a family member other than a child’s parents wishes to participate in the Court process, we can also assist those individuals to understand what options are available to them to join the proceedings. This can include assisting potential and actual Permanent Carers understand their rights and obligations.

CHILDREN’S LAW

ALLEGATIONS OF ABUSE IN CARE

Those who have children placed in their care by the Court can be made subject to investigations about the quality of care provided to those children. These investigations can be a complex and convoluted process and may have far reaching consequences including impacting the eligibility to be granted and retain a Working With Children Check. Carers appointed by the Department or Court are typically held to a higher standard than parents and it is not unusual for these investigations, if substantiated, to result in a criminal investigation.

INTERVENTION ORDERS

If a child is the Applicant or Respondent to an Intervention Order, or if there is a linked Children’s Court proceeding, it can be appropriate for Intervention Orders to be heard in this jurisdiction. At Resolve Conflict we can assist with navigating these applications.

Next steps

At Resolve Conflict, our team will provide expert advice on how to best advocate for you and your family when navigating the different aspects of Children’s Law, and work in the best interests of a child to support your family.

Our first step is to meet with you to discuss options. Our first interview is charged at a flat rate of $450.00 plus GST and will occur for up to an hour. In this interview, we'll discuss your personal circumstances and provide you with guidance and practical advice on how to move forward.

At the time of our first interview, we offer:

  • A free customised resource pack of Children’s Law information for you to take home
  • A free follow-up letter and telephone discussion summarising our advice to you

Book a first interview today with Resolve Conflict to see how we can help you reach the best possible outcome for you and your family.