Court orders – the role of Child Protection and the courts
The Family Court hears matters under the Family Law Act 1975. In Victoria, there are Family Courts located in Melbourne and Dandenong, and circuit Court sittings are held periodically in major country centres. The Family Court can make orders in relation to parental responsibility, with whom a child or young person should live, or spend time and communicate with, and the financial support of a child or young person.
The Family Court also has jurisdiction to make orders relating to the welfare of children. In deciding whether to make an order relating to the welfare of a child, the Court must regard the best interests of the child or young person as the paramount consideration.
Family Court orders and agreements
Parenting order
A parenting order is a set of orders made by the Court about parenting arrangements for a child or young person. Kinship carers can apply for parenting orders. A court can make a parenting order based on an agreement between the parties or after a court hearing or trial. When a parenting order is made, each person affected by the order must follow it.
Agreements
If you reach an agreement with the parents, then you can make a parenting plan or file consent orders through the Family Court.
A parenting plan records arrangements that you and the parents agree to, and often these are made with the help of a family mediator. A parenting plan is not a legally enforceable agreement. It is different from a parenting order, which is made by the Court. Contact your nearest Family Relationship Centre for more information.
A consent order is a written agreement that is approved by the Court, so it becomes an enforceable court order. You will usually need to seek legal assistance to do this, as consent orders are often used when there are court proceedings occurring in relation to a child or young person.
If the parents do not want a written agreement or you cannot reach agreement about certain issues, you can obtain legal advice about your options, which may include initiating court proceedings for a parenting order. If you want a legally enforceable agreement, you will need to get legal advice or contact a Family Relationship Centre in your area. For more information, contact the Family Relationship Advice Line. Call 1800 050 321 or visit https://www.familyrelationships.gov.au/Services/FRAL/Pages/default.aspx.
Working with Children Clearances for kinship carers and other household members
Responding to a disclosure of abuse
Questions to ask when a child or young person is placed in your care
Commission for Children and Young People – Reportable conduct scheme
Victoria Police investigations
Useful resources
Children’s Court – call (03) 8638 3300 or visit https://www.childrenscourt.vic.gov.au/
Country Courts where Children’s Court matters are heard www.childrenscourt.vic.gov.au/about-us/court-locations/country-courts
Legal representation for children and young people – see the Child Protection Manual https://www.cpmanual.vic.gov.au/advice-and-protocols/advice/court/preparation-court/legal-representation-children
Victorian Aboriginal Legal Service https://vals.org.au/about/
Aboriginal Family Violence Prevention and Legal Service Victoria – call 1800 105 303 or visit https://www.fvpls.org/
Metropolitan Courts for locations of Children’s Court matters https://www.childrenscourt.vic.gov.au/about-us/court-locations/metropolitan-courts
Relationships between family law and child protection – see the Australian Law Reform Commission www.alrc.gov.au and go to the Publications section to access The intersection of child protection and family laws
Family Court of Australia https://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/home
Family Relationship Advice Line – call 1800 050 321 or visit https://www.familyrelationships.gov.au/Services/FRAL/Pages/default.aspx