Children’s Matters Involving DHS

Children’s Matters Involving DHS

Children’s Matters Involving DHS

Overlapping concerns

19.103 The fact that there is federal family law jurisdiction and state child protection legislation and that both deal with issues of who a child shall live with, who the child shall spend time with, and protection of that child, also creates difficulties where the issue of child abuse is raised first in the state context. For example, rather than raising an allegation of child abuse in family court proceedings, a parent or another person may first notify a child protection agency that they have concerns about the child’s safety. That agency will investigate, and if it concludes that the child is in need of care and protection, it will commence proceedings in a children’s court. Although there are some exceptions, generally it is a child protection agency that must commence such proceedings.

19.104 The question of whether the case should be in the children’s court or a family court may arise at three different stages. First, during the agency’s investigation, but before it has commenced proceedings in a children’s court, the agency may identify a viable and protective carer for the child and refer the carer to a family court. Secondly, the child protection agency may already have commenced proceedings in a children’s court and it may identify a viable and protective carer. It may then withdraw its application in the children’s court and advise that carer to make an application for a parenting order in a family court.

19.105 Thirdly, after a hearing in a children’s court, it may become apparent that, although the child protection matters are resolved, there is still a dispute, for example between parents who cannot agree who the child shall live with and who it shall spend time with. Orders of a children’s court may not include the continued involvement of a child protection agency, but may instead regulate the parents’ involvement with a child. For example, courts in some states can make orders under the child protection legislation in relation to who may have contact with a child, and the conditions of that contact. In other states, courts are only able to make orders prohibiting contact by certain parties—they are unable to establish a contact regime. When the children’s court makes orders regulating parental contact these orders can be registered in the family courts.

Children’s Matters Involving DHS

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The Family Division of the Children’s Court is responsible for hearing child protection matters and these proceedings are often less formal than other Courts.

If the Department of Human Services (DHS) or a protective worker has served you a Protection Application, Supervision Order or Interim Accommodation Order (or similar) in relation to your child, we can liaise with DHS and advocate on your behalf so you can address DHS’ concerns, with the ultimate goal of having your child back in your care, (without DHS supervision or intervention) as soon as practicable.

Legal Advice and Services in Melbourne including Dandenong, Narre Warren, Endeavour Hills, Hallam, Keysborough, Dandenong South, Hampton Park, Springvale, Berwick and Rowville.

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