Legal issues for grandparents and other relative carers

Transcription

1 Legal issues for grandparents and other relative carers Where can I talk to a lawyer without cost? We need to understand what is being said or written. Legal hocus pocus stops us knowing what s going on. Everyone knew court could be adjourned except us. We thought we would go to court and it would be all over and done with. Legal issues for grandparents and other relative carers

2 If there is a crisis, I just need information that is easy to understand. Acknowledgements The Child Safety Commissioner and the West Heidelberg Community Legal Service wish to thank the organisations and individuals who gave time and skill to producing this guide to legal issues. Thanks are due to: Peggy Kerdo of the Law School at Latrobe University Victoria Legal Aid Drawings are provided by the Children Protection Society, and are drawn by Carlie, Anthony, and Maddy. The following legal organisations: The Aboriginal Family Violence Prevention and Legal Service, the Victorian Aboriginal Legal Service, the Law Institute of Victoria, the Melbourne Family Relationship Centre. Victorian Government departments or divisions providing input have been: The Health Services Commissioner, The Registry of Births, Deaths and Marriages, Department of Human Services Children, Youth and Families Division (Child Protection Policy, Family Services, Out of Home Care, Aboriginal Family Decision Making), Rural & Regional Health and Aged Care Division (Immunisation Unit). These community organisations: The Childrens Protection Society, the Mirabel Foundation, the Victorian Aboriginal Child Care Agency, Grandparents Victoria, Banyule Community Health and the Foster Care Association of Victoria. The development of the resource was managed by Sue Kirkegard, Office of the Child Safety Commissioner. This guide is is not intended to be legal advice. Laws may change over time. You should make you own enquiries and seek legal advice if required about your circumstances. Published by the Child Safety Commissioner, Melbourne, Victoria, Australia. March 2009 Copyright State of Victoria, Child Safety Commissioner, This publication is copyright. It may be reproduced in whole or in part for study or training purposes, subject to the inclusion of an acknowledgement of the source and no commercial sale or usage. Also available at or phone the Office of the Child Safety Commissioner on or Level 20, 570 Bourke Street, Melbourne Designed and produced by Caridi Design Pty Ltd. Printed by VEGA Press.

3 Foreword This booklet is about legal issues that you may face when you care fulltime for a child in your wider family. It sets out the law clearly and explains what happens at court. Sometimes it may help you avoid going to court. We have written this in partnership with West Heidelberg Community Legal Service and the Law School of Latrobe University. We know when children cannot live with their parents often extended family members will take on the care and responsibilities of them without fanfare. Whenever you take on this care, the child knows that family is still there, and despite family problems that may exist, the child knows they are loved. However, grandparent carers have told us that they need signposts to know where to go to for information and legal help. Parenting in this situation is demanding. Changes in family relationships can create friction. Rights and responsibilities may need to be sorted out. It is sometimes possible to have a family meeting where an independent trained person helps you to reach agreement about who will take responsibility of caring for or supporting the child. When this occurs, you may not need to go to court. We hope this information will assist those who care, and those who are cared for. Bernie Geary OAM Child Safety Commissioner

4 Contents Introduction The Law Family Law Act (Australia-wide) Children s, Youth and Families Act (Victoria) Do I have to go to court? Where do I get legal help? Dealing with the courts What to do if a family member is violent Aboriginal family networks Having a say when you are not the legal guardian Statutory Declaration Birth Certificates Health Issues Time with Parents (Access) The future Useful contacts

5 A message from the Minister for Community Services Legal Issues for grandparents and other relative carers There are a growing number of people in our community who take on the care of relative children for a variety of reasons. While certainly rewarding, it can be very challenging and demanding and can have a significant impact on the lives of carers and their families. Having reliable information on hand about what to do and where to go to get assistance about legal and financial issues and general everyday parenting issues related to the care of children, is something that grandparents and other relative carers often raise with me. In response to these concerns and issues, the Office of the Child Safety Commissioner has produced a series of information booklets, one of which is Legal issues for grandparents and other relative carers. It is my hope that this particular guide will be able to provide some useful information to help you to understand your rights and responsibilities as a carer and point you in the right direction so you can get further help or advice about legal matters pertaining to the children in your care. I would like to acknowledge and thank all relative carers who take on the fulltime responsibility of looking after relative s children and giving these children the best opportunity for a bright future. Hon Lisa Neville MP Minister for Community Services

6 Introduction My daughter died, the father is an addict. I am 68 and I now care for my 3 grandchildren, all under the age of 7. Legally I don t know where I stand. Be realistic about the impact of taking on care. If you are a relative caring for a child in your family fulltime, you may have legal questions or problems that will come up from time to time. This book tries to make legal issues easier to understand. It explains: u the Family Law Court u the Children s Court u where you can get legal help u common legal issues. This book shows you where to get information to help you decide what to do. Who cares for children? Grandparents, sisters or brothers, step family or aunts and uncles may take on the care of a child in their family through: u Private/informal arrangements. This is where a parent asks a relative to care for a child, or leaves their child with the relative and this arrangement continues. The relative does not become the legal guardian. u Family Law parenting orders. This is where a relative applies to the Family Law Court for an order that allows them to become the legally recognised carer for the child. u Child Protection. This is where the Department of Human Services (DHS) places a child with a relative as a result of concerns for the child s safety. The child may be placed through an order of the Children s Court such as a custody or guardianship order. You or the child s parents may want to make an informal arrangement for the child to live with you without going to court. Your informal arrangements, however, may affect the financial support you are eligible for or the benefits that the parents sign over to you. It is important to get advice before making informal arrangements to find out your rights and responsibilities. Inquire from your your local Centrelink or Family Assistance Office whether you can receive payments or benefits. 1 The Office of the Child Safety Commissioner

7 The law The law takes the care of children very seriously. There are different areas of law that can be used to sort out the care and welfare of a child. One area is under the Family Law Act This Act is made up of family laws that apply to all of Australia. Another area is State law. This is different in each State/Territory. The important law in Victoria is the Children, Youth and Families Act This law applies just within Victoria. (a) Family Law Act The main focus of the Act is the best interests of the child. Section 65AA of the Family Law Act says that the most important thing that a court must do is to put the child s best interest first. The law in the Family Law Act is really specific on what is considered to be in the best interests of a child, and this may not be the same as what you or the parents think. Section 60CC of the Family Law Act sets out what the court must take into account: u the child having a meaningful relationship with both their parents u the child being protected from harm. Other factors that a court may take into account include: u any wishes expressed by the child u the nature of the child s relationship with both parents and other people u the likely effect of any changes in circumstances to a child u any difficulty or financial costs in a child having contact with a parent u each parent s capacity to care for the child u the child s maturity, gender and cultural background u the need to protect the child from physical and psychological harm caused by abuse, ill treatment or violence to them or to a member of their family u the attitude of parents to their child and their parenting responsibilities u the right of Aboriginal and Torres Strait Islander children to stay connected with their culture. Section 60B of the Family Law Act says that children have a right to have regular contact with both their parents and with other people important to their care, welfare and development. This includes grandparents and other relatives. Section 61F requires the court to take into account kinship and child-rearing practices of the culture of Aboriginal and Torres Strait Islander children. Carlie Legal issues for grandparents and other relative carers 2

8 The father kept challenging the Family Court, it cost a lot of money and stress and we are worried that even with the final order he will keep taking us back to court. A grandparent, or other relative carer caring for a child fulltime, may apply to the Family Law Court for a parenting order. A parenting order is a court order that can set out: u who the child lives with u who has responsibility for the child s care and welfare u who the child can spend time with u other matters relating to the child s education, health, religion and culture. Before you can apply for a parenting order you are expected to take part in a family conference (called Family Dispute Resolution). This is explained on page 6. There may be exceptions to this, for example, if there is violence or a threat to you. You should discuss this with a lawyer as using dispute resolution may not be suitable for you. If one of the parties breaks a court order, the Family Law Court can take action to enforce the order. To challenge an existing parenting order, you need first to show there is a significant change in circumstances. (b) Victorian law - The Children, Youth and Families Act 2005 The main purposes of the Act are: u to provide for community services to support children and families u to provide for the protection of children u to provide for children who have been charged with, or found guilty of offences. This booklet talks about laws for the protection of children. The Act says that anyone who has a significant concern about the wellbeing of a child may make a report to the Secretary of the Department of Human Services (DHS). If DHS is satisfied on reasonable grounds that a child is in need of protection, it may start court proceedings in the Children s Court for an order for protection of the child. Sometimes, the court may make an order to remove the child from the parents. Section 10 of the Act says that the child s best interests are most important, and sets out these best interests as principles to be used in making decisions about a child s life. These include: u protecting a positive relationship between a child and family members u protecting the family unit u the effects of harm that can build up over time and affect a child s safety and development u protecting Aboriginal cultural and spiritual identity for Aboriginal children u the wishes of the child. 3 The Office of the Child Safety Commissioner

9 An important part of the Act says: if a child is to be removed from the care of his or her parent, that consideration is to be given first to the child being placed with an appropriate family member or other appropriate person significant to the child, before any other placement option is considered. [(Section 10 (3) (h)] This means that the Children s Court will always look first at placing a child with family members if it is in the best interests of the child. The court can make a range of orders about where a child may live such as a custody order. The court may also put conditions on an order allowing contact between the child and family members or other people who are important to the child. The Children s Court can make a range of orders to ensure that children are protected from harm. Two major orders the Children s Court can make to ensure this are Custody and Guardianship orders. u A Custody Order made under the Act is where a person, or the Secretary of DHS, has the right to have daily care and control of a child. u A Guardianship Order under the Act is made to the Secretary of DHS. If a guardianship order is made, the Secretary will have the same rights, powers, duties as a natural parent of the child. These include sole custody of the child and responsibility for the long-term welfare of the child. The Children s Court can also make permanent care orders that allow a child to remain with their carer for the long term. A Permanent Care Order gives the carer custody and guardianship responsibilities for the child. If a child is placed on a Custody or Guardianship Order to the Secretary of DHS, Child Protection will need to do a criminal record check to make sure the adults caring for the child have no record of harming children. The Act has additional decision making principles for an Aboriginal child. Where possible the child is to be placed within the Aboriginal extended family or relatives. Section 12 says that decisions should involve the child s Aboriginal community and be considered at an Aboriginal Family Decision Making meeting. The Aboriginal Child Placement Principle says that an Aboriginal agency must be consulted where a child is to be placed in out of home care and sets out the criteria and further principles that are required to be used. Legal issues for grandparents and other relative carers 4

10 Do I have to go to court? We didn t know what mediation was. We paid for the barrister s time and this wasn t needed. Sometimes you can work out differences and make decisions about the child s care through a family meeting with a trained facilitator. The facilitator or mediator helps each person to talk about their view of problems and solutions and can assist in reaching agreement about what the family could do. They can help the parties deal with strong emotions and sort out difficult issues. It is a good way to resolve issues because it is cheaper than going to court and may lead to an agreed list of actions instead of conditions imposed by a court. If you have been threatened or abused conferencing/mediation may not be suitable. The facilitator will discuss this with you as to whether you should go ahead with such a process if abuse or threats occur. You should tell your lawyer about any threats and/or abuse. Family conferences are available for: u clients of the family law courts u DHS Child Protection clients u Aboriginal Family Decision Making clients u Some family services clients. (a) Mediation (family dispute resolution) Mediation (family dispute resolution) is required as a first step if you are applying to the Family Law Court (exceptions may apply, including where there is violence, child abuse or if the situation is urgent). This focuses on what is best for the child. It can help decide where a child should live, their day to day care, and financial matters. Where agreement is reached the 5 My art is about an expression of my feelings about life in care and my return home. I am where I want to be now. At home with my real family. The Office of the Child Safety Commissioner

11 court can formalise this by making a parenting order. Assistance with Mediation: u Legal Aid clients and their families may use Victoria Legal Aid s Roundtable Dispute Management (RDM) service. RDM is free. You can choose to use RDM without a lawyer. Costs for lawyers are met either by Legal Aid or yourself if you do not have a Legal Aid grant. u Family Relationships Centres provide up to 2 free sessions. Some centres have a waiting list. Some community organisations and private providers provide these sessions. However, they may charge a fee. (b) Family Decision Making in DHS Child Protection Where Child Protection becomes involved, the family may be able to have a family group conference. This is sometimes called family decision making or a family meeting. These meetings are run by trained facilitators. This may result in reaching an agreement that avoids the need for court action. In a family conference, family members, family friends and professionals who know the family meet with a facilitator to help make an agreed plan for the best interests of the child. Such a plan provides for stability, safety and development as well as minimising harm. The meeting recognises the right of family members to express their views and be involved in making decisions in the life of the child. At these family meetings, decisions can be made about: u how the family can be supported in caring for the child u what involvement family members are to have in the child s life u what needs to change so a child can remain at home u what needs to change so a child can return home u where the child is to live. When court action is needed for the child s safety or wellbeing, the Children s Court may take into account the views of family members agreed upon at a family meeting. To request such a family meeting, ask your Child Protection worker. Read RDM and you available from or ring The advice line ( ) will tell you the nearest service. I knew there was trouble but I always felt on the outside. The family meeting discussions invited me in and gave me permission to participate in helping (a close relative of a parent) (c) Aboriginal Family Decision Making For Aboriginal children when Child Protection is involved, an Aboriginal Family Decision Making (AFDM) meeting is co-convened by the AFDM worker and a community convenor. It is attended by family members, the child and an Elder from an Aboriginal community if agreed by the family (as outlined above). (d) Family Meetings by Community Organisations Some family services may have trained workers and may facilitate a family conference. They will assist families who have not become involved with Child Protection or the Family Court. You should ask if family services are able to do this at your local Child FIRST service. Legal issues for grandparents and other relative carers Child FIRST Select Child FIRST from QUICK HELP 6

12 Where can I get legal help? I am trying to hold onto my house for my grandchild, but if I want to take court action, I don t have any money other than the equity in my home. And I may lose. I am just trying to protect my grandchild. When do I need a lawyer? Getting some free legal advice as early as possible will help you to be clear about your rights, and will help you to decide if you need a lawyer to represent you at court. You can talk to someone in languages other than English at Victoria Legal Aid and some Community Legal Centres. Can I get free legal help? There are a number of ways to get free legal advice: u Community Legal Centres (CLC) - provide free legal advice in 32 locations. They may assist you in court if needed. The centres handle some cases themselves. They can advise if you might be eligible for a Legal Aid grant. u Victoria Legal Aid (VLA) has a Melbourne office and 14 regional offices. It is best to check with VLA about details of eligibility for legal aid, but generally you must be on a low income as funds are limited. VLA employs in-house lawyers. Alternatively, you can pay to see a lawyer to help you. Your Yellow Pages will list local law firms. VICTORIA LEGAL AID Legal Information Country callers OFFICES: Melbourne Bairnsdale Broadmeadows Ballarat Dandenong Bendigo Frankston Geelong Preston Horsham Ringwood Morwell Sunshine Shepparton Warrnambool LEGAL REFERRAL SERVICE (Law Institute of Victoria) ; or online You can get a referral for advice (1st 30mins free) from a local lawyer 7 The Office of the Child Safety Commissioner

13 u Lawyers in Private Practice specialise in areas of family law and can assist you to get a Legal Aid grant to pay for your legal costs. If you do not qualify for legal aid then you will have to pay the lawyer. Who assists a relative if there is an application in Children s Court? Where Child Protection is applying to the Children s Court for an order, the DHS lawyer will act for Child Protection. If you have points you wish to be put to the court you can explain these to the Child Protection worker who may include these in their report. Putting your points in writing may be helpful. If you would like to put your views directly to the court you may need separate legal representation. Conflict of Interest: No legal service can represent two opposing clients, and where any service is already assisting one of the other parties, they will refer the second person to another legal service. What other resources are there? u Victoria Legal Aid provides: - duty lawyers at most courts - free publications, self-help kits and workshops - speakers to local groups about legal issues. u The Family Court provides: free information sessions u Community Legal Centres provide: free information sessions We had a mortgage to pay the first lawyer and we paid that off. Now we ve had to take another mortgage when we needed to Court again. We ll never own our house now. We ll do whatever is needed to protect the children. If we are in the Children s Court and it is a DHS case, can we talk to the DHS Lawyer? If it is about our grandchild, can we sit in the court? COMMUNITY LEGAL CENTRES Look up to find each CLC website. Albury Wodonga (02) Barwon Brimbank Melton Deer Park Melton Broadmeadows Casey Cardinia Central Highlands Darebin Eastern (Inner) (Outer) Essendon Fitzroy Flemington Kensington Footscray Gippsland Loddon Campapse Monash Oakleigh Moreland Murray Mallee Nth Melbourne Peninsula Bentleigh Cranbourne Pines Rosebud Southport South West Springvale-Monash St Kilda West Heidelberg Western Suburbs Whittlesea Wyndham Legal issues for grandparents and other relative carers 8

14 Dealing with the courts Put everything in writing. The legal system can be complicated and stressful. Remember: u you can get help before you go to court u you can get help at court. Court hearings are based on evidence and what can be proved. Remember times, places and incidents that happen. Use a diary to write these down with dates and other details. Do not write down feelings or opinions alone. Court hearings can be emotionally exhausting. If you are on your own, think about asking a friend to come to court to support you. Ask your lawyer if your case will need more than one court appearance. Every court has people who can explain how the court works to you and give you practical and emotional support e.g. access to telephone, or finding an interpreter Court Network Advice Line Salvation Army officers are present to help at most courts. Phone to contact their central office. We had to go to court 6 times last year for an intervention order he was contesting. 5 of the times we turned up he wasn t there. The police told us to be sure to come as if we didn t he could say things that were untrue and we might lose the order. What to do if a family member is violent IF YOU BELIEVE THAT YOU ARE IN IMMEDIATE DANGER, CALL EMERGENCY ON 000 AND ASK FOR THE POLICE. To protect against family violence in Victoria, you would apply for a family violence intervention order at the Magistrates Court under the Family Violence Protection Act 2008 (Vic). If you feel that you are in danger, you can get court orders to protect you and/or your property. The police can issue an urgent family violence safety notice outside court hours. Police can also assist you in obtaining an intervention order at the Magistrates court. There are steps that need to occur before a final intervention order is granted. 1. At the court, a Registrar takes down details of the complaint. 2. An interim intervention order may be given. This will for a short time protect the person who seeks the intervention order. Interim intervention orders offer protection immediately without hearing from the person who is accused of the violence. 9 The Office of the Child Safety Commissioner

15 Maddy This order lasts to the next available court date so that the other person can be heard because decision makers must hear the views of both sides. 3. At the next hearing, the person accused of the violence is given the option of agreeing to an order or may ask for a contested hearing at a future date. If it is contested, the interim order is extended. 4. If, at the next hearing, the Magistrate is satisfied that there is a risk of harm to the person who is threatened or to their property, a final intervention order may be given. The Magistrate decides how long the intervention order should last. Sometimes the person accused of committing or threatening violence makes an undertaking to the court, promising not to harm the person or their property. This does not have the same power as an intervention order, but may be suitable in some circumstances. If the person breaks the undertaking, the applicant may request a return to court. Police cannot charge that person for breaking the undertaking unless they commit an assault or damage property. Talk to a free legal service Immediate help from (rural) Women s Domestic Violence Crisis Service Legal issues for grandparents and other relative carers 10

16 Aboriginal family networks The Aboriginal Child Placement Principle Guide, 2002, says: The objectives of the Principle are to ensure that recognition is given to an Aboriginal child s right to be raised in their own culture and, to the importance and value of family, extended family, kinship networks, culture and community, in raising - growing up - Aboriginal children. If as a family member you are caring for an Aboriginal child and need legal help or help with court appearances, there are services to help you. Concerns for a child s safety and wellbeing Where there are concerns for an Aboriginal child s safety or wellbeing by the Child Protection services, services must consult Lakidjeka Aboriginal Child Specialist Advice and Support Service (ACSASS). This service provides confidential advice when asked about Child Protection reports (notifications). Where removal of children is necessary Lakidjeka ensures compliance with the Aboriginal Child Placement Principle, thereby keeping Indigenous children with their extended Aboriginal families and/or communities to maintain their connection to culture. Getting help with court appearances and legal issues Aboriginal people have several sources for legal help: u Victorian Aboriginal Legal Service (VALS) has offices in Melbourne, Mildura, Swan Hill, Shepparton, Ballarat, Heywood, Morwell and Bairnsdale. It provides legal help for Aboriginal people, primarily in criminal law matters but also in civil matters and family law. In each office there are Client Service Officers who are called on whenever an Aboriginal person is arrested. Lakidjeka (ACSASS) telephone or look up or The Office of the Child Safety Commissioner

17 u Aboriginal Family Violence Prevention & Legal Service (FVPLS Victoria) provides legal assistance, counselling, information, referral and support to victims/survivors of family violence and sexual assault in areas of family law, family violence, Child Protection and victims assistance Aboriginal Family Violence Prevention and Legal Service servicing Victoria with offices in Melbourne, Warrnambool, Lakes Entrance and Mildura u Victoria Legal Aid and Community Legal Centres The fifteen Victoria Legal Aid offices and 32 Community Legal Centres across Victoria provide legal help and assist many Aboriginal people. (see pages 7-8) Legal issues for grandparents and other relative carers 12

18 Having a say when you are not the legal guardian You may be caring fulltime for a child but not be the legal guardian. The legal guardian may be a parent who may or may not be in touch with you. Where Child Protection is involved, the guardian may be the Secretary of DHS. In such situations the Child Protection worker will assist you when you need a guardian s consent or permission. This section may help you: u find information you need to care for the child u get permission for travel or medical needs u have your say to various professional workers. For example, in getting a birth certificate or a child s record of medication, or negotiating time for a child with their parents. Informal Relative Carers Statutory Declaration Relatives who are fulltime carers can fill out a Victorian Informal Relative Carers Statutory Declaration. This is a new document that should help to make it easier for government services to recognise you as the carer and to help you get access to services. This declaration is made in the presence of an authorised witness and states you are providing fulltime care to a relative s child. It is available at local council services, DHS offices, community health centres and legal services. The declaration does not make you the child s legal guardian. Where the laws governing a service state that consent is required from the parent or legal guardian, the declaration is not enough by itself. In these situations the parent or legal guardian must still give permission. For information or to ask about the Relative Carers Statutory Declaration Applying for a child s birth certifi cate The parent or legal guardian of a child under the age of 18 years may apply for the child s birth certificate. However if you are caring for a child and the child s parents or legal guardian/s are not easily available, you should apply for special consideration to the Registrar of Births Deaths and Marriages. The Registrar, having considered each person s individual circumstances, has discretion to issue a birth certificate. In making such an application, you should submit to the Registry: 1. A completed birth certificate application form,with as much information as you can. 13 The Office of the Child Safety Commissioner

19 2. A letter stating: your relationship to the child; why the parents or legal guardian/s are not available; and the reasons why the certificate is required. A statement from a responsible person (e.g. the child s general practitioner or school principal) to verify that they have known you as the carer and that the parent or legal guardian is not available. A Relative Carer s Statutory Declaration would also be helpful. If the child is close to 18 years of age, particularly if between the age of 15 and 18, it may be appropriate for them to make the application in their own right as the Registrar will consider the applicant s age when assessing the application Victorian Registry of Births, Deaths and Marriages - Further information - Application Forms Getting a child immunised Your general practitioner or local council can tell you the immunisations a child has received up to the age of 7 years by looking this up on the Australian Childhood Immunisation Register. This records all immunisations of children under 7 years of age. You can ask for immunisation for the child from the local Council service or your general practitioner. Many councils and general practitioners will do this in the best interests of the child (unless the parents are known to oppose immunisation). The child protection worker can help you if the child is a client of child protection. If you have the child health record (blue or yellow) book, take this with you as immunisations are recorded in the back. Legal issues for grandparents and other relative carers 14

20 I wasn t aware that when seeking medical help, I had to notify the family of any procedures carried out. Getting a child s medical record and medical consent Your local general practitioner is usually able to get the child s medical record from their previous general practitioner without difficulty. Also under the Health Records Act 2001, the previous general practitioner can give information directly to you as immediate family where this is needed to provide health care or services for the child. You should contact them in person or write to them. It may help if you have a relative carers statutory declaration. If a general practitioner is reluctant to give information to you as a family member, you and the general practitioner may be helped by the Health Services Commissioner who will work with you both to find a solution. For assistance: Health Services Commissioner Consent for medical procedures needs to be given by the legal guardian of the child. However if medical help is needed urgently, doctors will act in the best interests of the child s health, if there is consent or not. Parents and children spending time together When and where parents and children spend time together (called access in Children s Court) is often decided by either the Family Law Court or the Children s Court. If the parents situations are not stable, contact between the child and either of their parents may be stressful. They may ring you at odd times, or not when agreed. The child s best interests are the deciding factor in what time the children spend with their parents. Keeping a written diary of what works and what doesn t in parental contact can be useful if there are changes that you or the child would like: u The Family Law Court. Time between parents and children is written into a parenting order. For orders made on or after 1 July 2006, if you and the parents agree, you can change arrangements by making a parenting plan. Parenting plans cannot be enforced by the court. You can also make a consent order (an order where all parties agree) which can be court enforced. Get legal advice about how to make a parenting plan. If there is no agreement, you may try family dispute resolution to reach an agreement. If again there is no agreement, changes have to be settled in court. I ve told her now. I ll wait half an hour for her, if she s not there then, then I ll go. u The Children s Court. The magistrate may specify times for access or leave this decision to the Department of Human Services (DHS). If the times are specified by the court, you need a further hearing at court to request changes. If access is decided by DHS, changes to these times are discussed and decided at a best interests case planning meeting. You should put your reasons for changes to the Child Protection worker before this meeting. Family members are welcome at this meeting. For Aboriginal children these times may be decided by an Aboriginal Family Decision Making meeting. 15 The Office of the Child Safety Commissioner

21 u If you do not have either a Family Law Court or Children s Court order, you should make an agreement with one or both parents about when the child will see them. If you need help with this, or would like someone to help the family to discuss this calmly, contact the Family Relationships Australia Advice Line, Child FIRST or a free legal service Family Relationships Advice Line Child FIRST under QUICK HELP Community Legal Centres see page 9 Thinking about the future Older relatives sometimes worry about their future health and who would look after a child if they became seriously ill. This possibility is important to discuss at a family meeting even if it is not an immediate concern. Then you will know who might help or which family members are open to helping in the future. If you feel that you are on your own, contact one of the family or legal services (listed in the previous section), to talk about the options. It is not possible to transfer guardianship responsibility given by a court to another person if you are no longer able to care for the child with you. The court would have to decide again the future care of the child. However ideas raised in a family meeting would be useful in such a court hearing. Our daughter uses drugs. If she has not replied to a text message changing the access visit, are we breaching the access order if we go ahead with the change? Legal issues for grandparents and other relative carers 16

22 Other useful contacts Family Relationships Advice Line am-8pm Mon-Fri, 10am-4pm Sat For information about services, advice on separation issues, guidance on parenting arrangements, information about the impact of conflict on children, and referral to services or Family Relationship Centres. Victoria Legal Aid See page 8 for Victoria Legal Aid s 7 metropolitan and 8 country offices and phone numbers u Legal Information Service (see page 8) Country callers u Roundtable Dispute Management (RDM) service (page 8) Country callers Community Legal Centres (Federation of Community Law Centres) See page 7 for the phone numbers of the 25 metropolitan and 7 rural community legal centres. Law Institute of Victoria The professional body for the legal profession. Phone the Legal Referral Service for referral to a local lawyer, or for an on line referral. This gives up to 30 minutes of free legal advice. Youth Legal Service or Advice for young people facing an appearance at court. A qualified lawyer will give telephone advice and arrange to talk in person if needed. Young people may apply for a Legal Aid grant. Victorian Aboriginal Legal Service Legal advice and assistance for Aboriginal people or Offices: Melbourne, Mildura, Swan Hill, Shepparton, Ballarat, Heywood, Morwell and Bairnsdale. Aboriginal Family Violence Prevention and Legal Service (FVPLS Victoria) Legal advice and counselling for victims/ survivors of family violence and sexual assault. Servicing Victoria with offices in Melbourne, Warrnambool, Lakes Entrance and Mildura. Children s Court Network Volunteers who provide information about the court and practical support to families whilst they are attending court hearings DHS Support for Children and Families u Child FIRST/Integrated Family Services. Twenty four Child FIRST services have been established across Victoria to support families to find a service that meets their needs when they are concerned about a child s wellbeing. Child FIRST provides child and family information, referral and support. It may connect you to services including Family Services. Family Services provide services to children and their families with a whole-of family focus. A family service will enhance parenting skills, relationships between children and parents, children s development and social connections. To find your local CHILD FIRST, look up and select from QUICK HELP This gives you either a 1300 or a 1800 phone number for each of the 24 Child FIRST services across Victoria. u Child PROTECTION should be contacted where you have significant concerns for a child s safety or wellbeing. Phone the nearest regional number. For Child Protection after hours, phone The Office of the Child Safety Commissioner

23 DHS Metropolitan Regions: Eastern region North and West region Southern region DHS Country Regions: Barwon South West region Gippsland region Grampians region Hume region Loddon Mallee region Kid s Help Line for any young person between 5 and 25 Kids Help Line is free, confidential and anonymous, for: telephone counselling online counselling and a database of information for young people. Phone Support Lines Parentline (weekdays 8am-12midnight, weekends 10am-10pm). Mental Health Information for families and carers. Foster Care Helpline ; weekdays 9am-5pm. Parenting website Click on grownups then on Families like us then click on grandparent carers. Mirabel Foundation (if you are caring for a child due to parent using drugs) Health Services Commissioner For help if you have a problem in getting medical information or health services Victorian Registry of Births, Death and Marriages For enquiries about birth certificates and death or marriage certificates select Births, Deaths and Marriages. VACCA (Victorian Aboriginal Child Care Agency) VACCA is a statewide Aboriginal community controlled organisation whose purpose is to advocate for the creation of a service system for Aboriginal children and families premised on human rights, self determination and cultural respect and safety. Its services include Aboriginal Child Specialist Advice and Support Service, Placement and Support, Early Intervention and Family Support, Community Outreach and Link Up Victoria. The VACCA head office is based in East Brunswick and has offices in 11 regions including Dandenong, Geelong and the Latrobe Valley. Other Aboriginal Organisations There are other Aboriginal Organisations that may be of assistance including; Gippsland and East Gippsland Aboriginal Co-operative Dalmahoy Street, Bairnsdale Vic 3875 Phone Rumbalara Aboriginal Co-operative 20 Rumbalara Road, Mooroopna VIC Lot 5, Drummond Road, Shepparton Vic 3630 FREECALL Mildura Aboriginal Corporation 120 Madden Street, Mildura 3500 Phone or Murray Valley Aboriginal Co-operative Ltd 87 Latje Road, Robinvale Vic OTHER BOOKLETS IN THIS SERIES for Grandparent and Other Relative Carers: Financial Support Parenting All available online at or telephone Legal issues for grandparents and other relative carers 18

24