Highly Experienced Negotiators for Child Protection and Children’s Family Law Matters

In Victoria, Australia, an Independent Children’s Lawyer (ICL) is a legal professional appointed by the court to represent the children’s best interests in family law proceedings or other matters involving minors. An ICL is highly knowledgeable in the areas of law related to children and is able to work with various practitioners and agencies to minimise the impact of court proceedings on a child.

By providing objective and independent perspectives on matters concerning children’s welfare, an ICL is able to advocate for their rights and well-being. An ICL is usually appointed in cases where significant disputes or complex issues concern child custody, visitation arrangements, child abuse, family violence, or the involvement of child protection agencies.

Working with a lawyer who specialises in children’s matters ensures that the child’s best interests are protected and promoted throughout the legal process. To learn more about the role and capacity of an ICL, check out our blog ‘Independent Children’s Lawyer’. You can learn more about the role and capacity of an ICL in our blog ‘Independent Children’s Lawyer’.

If Victorian Child Protection Services have become involved with the wellbeing of your child, or one in your family, it’s crucial to act quickly and get good advice, as these matters can have devastating effects on families if handled incorrectly.

The Victorian Department of Families, Fairness and Housing (DFFH) manages CPS, and will generally provide paperwork with requests or information required to assess the safety and wellbeing of the child, or children, involved. They generally become involved if concerns have been raised that a child is at risk of harm or neglect, or if family issues such as addiction, ill health or family violence are an issue.

If an investigation is taking place, it’s vital that you provide sufficient information to ensure that your matter is resolved as quickly as possible. This may include previous court reports, psychological assessments or drug testing results. If an order has already been made, and you are disputing it, the process can be longer and more drawn out. Whichever the case, it’s in your family’s best interests to have the best possible legal support as there can be many nuances to child protection law.

Failure to respond appropriately and in a timely manner can result in loss of custody, with children being placed in temporary or longer term state care arrangements.

Generally, if a child is deemed to be at risk or, or has experienced abuse, neglect or other factors that impact their overall wellbeing, child protection laws apply.

The Family Law Act 1975 (Cth) sets out many guiding principles for state laws, and places emphasis on the best interest of the child, early intervention and support for families,
culturally appropriate courses of action, and ensuring that children and young people have their voice heard during the decision-making processes.

A child is deemed to be at risk of abuse or neglect, and requiring intervention, for the following reasons:

• Abandonment
• Neglect of children’s needs
• Death or illness (including addiction and mental illness) of one or both of the children’s parents
• Exposure to family violence, or unsafe environments
• When a parent or carer is incarcerated
• When there is abuse, or risk of abuse (physical, sexual, psychological, mental, religious or otherwise)
• When there is a risk or physical injury, or a history of physical injury that raises concerns

Reporting can be done by any member of the public, family members, teachers, childcare workers and medical professionals. Some cases are very clear cut, while others are extremely complex due to contributing factors.

Whatever the case,if you have found yourself involved with Child Protection Services, it’s advised that you seek legal assistance as early as you are able to.