Child Protection Lawyers Melbourne

Child protection in Victoria is managed by the Department of Families, Fairness and Housing (DFFH). It aims to keep children safe from harm, abuse, or neglect, particularly when parents or carers are unable to provide safe care. Child Protection may intervene through Children’s Court proceedings if a child is deemed at risk, or engage families through voluntary agreements to improve child safety.

Yes, Child Protection can remove a child if there is an immediate and serious risk to their safety or wellbeing. However, removal is typically a last resort. Before taking this step, Child Protection usually works with the family to resolve concerns. If necessary, the matter is taken to the Children’s Court of Victoria, which can issue Interim Accommodation Orders or other protective orders.

No, family law and child protection law are not the same in Victoria, but a family lawyer can often help you in both areas. Family law deals with issues like divorce, custody and property division, focusing on family relationships. Child protection law, managed by Child Protection within DFFH, addresses child safety concerns and intervenes when children are at risk of harm.

A Protection Order is made by the Children’s Court when it finds that a child is in need of protection, or when the child’s welfare is at risk. There are several types, including Supervision Orders, Custody to Secretary Orders, and Guardianship to Secretary Orders. These outline where the child will live and who is responsible for their care. Orders may last for a set period and can be extended depending on the situation.

Receiving a letter from Child Protection is a serious matter and should not be ignored. It’s crucial to seek independent legal advice right away. A lawyer can explain your rights, assist with your response, and represent you if the case goes to court. If necessary, they can guide you through Child Protection Orders and the entire legal process, ensuring the best outcome for your family. Early legal support can significantly impact the result.

A Safety Plan is a written agreement between Child Protection and the family to manage specific concerns and reduce risk without immediately going to court. It outlines steps that parents or carers must follow to ensure the child’s safety. These plans are usually short-term and reviewed regularly. If they are not adhered to, a Child Protection Order may be put into place, which can affect parenting arrangements, and in some cases, the legal rights of parents.

Yes. Having a lawyer helps ensure your parental rights, and those of your child, are protected and that you are treated fairly during the investigation. A lawyer can assist in negotiating with Child Protection and guide you through complex legal processes, including Protection Applications and ongoing case management.

In some cases, you may also choose to make alternative care arrangements for your children with extended family. Our family law team can advise and assist with any matters related to family violence, child custody arrangements, court representation or family violence intervention orders.

The Children’s Court of Victoria deals with matters involving the care and protection of children and young people, often in the Family Division. We currently do not provide support in the Children’s Court or for youth justice matters. It makes decisions based on whether a child needs protection and what arrangements are in their best interests. If Child Protection seeks a court order, it must present evidence to support its concerns, and the court decides on appropriate outcomes.

Yes. This is referred to as kinship care, and orders can be made under the Family Law Act for this type of care, with the agreement of Child Safety. It is often preferred because it maintains the child’s connection to family and culture. If the court approves, a relative may be given care responsibilities through a Custody to Secretary Order or Guardianship Order. Experienced child custody lawyers can help you understand how to apply for kinship care and what supports are available.

Parents may be eligible for Legal Aid to access the support of a legal team, emotional and parenting support, and programs provided by DFFH and community organisations, to assist with their own and their child’s wellbeing. Victoria Legal Aid and experienced family lawyers can assist with court processes, case planning, and improving the chances of family reunification where appropriate.