Child Protection

At Nicholes Family Lawyers we have experienced lawyers who provide guidance and representation in relation to:

  • Initial investigations and contact with Child Protection workers
  • Protection applications
  • Rights in relation to case plan appeals
  • Federal Circuit and Family Court of Australia proceedings
  • Child Protection matters involving Koori families
  • Variations, extensions, and revocations of Children’s Court Orders
  • IVO’s
  • Appeals

The Department of Families, Fairness and Housing (DFFH) is the Victorian Government Department responsible for the portfolios of Child Protection, Prevention of Family Violence, Housing and Disability. The DFFH is also responsible for the key policy areas of Multicultural Affairs, LGBTQI+ Equality, Veterans, and the offices for Women and Youth.


Fleur Ward – Accredited child protection specialist

Nicholes Family Lawyers is privileged to have Fleur Ward as part of our team. An Accredited Specialist in Children’s Law through the Law Institute of Victoria (LIV), Fleur brings over 17 years of experience in the Family Division of the Children’s Court.

A dedicated advocate for children’s rights, Fleur is a long-standing member of the LIV Children’s Law Advisory Committee and serves on the board of A Better Life for Foster Kids. She is actively engaged in strategic advocacy to drive meaningful reform in the Child Protection legal system. In recognition of her contributions, she received the LIV Paul Baker Award in 2016 for outstanding individual achievement in human rights.

To read more about Fleur, click here


Reports to Child Protection

Being notified that your child is the subject of a report or investigation can be a distressing and challenging experience for any family.

Certain professionals are legally required to report to Child Protection if they reasonably believe a child is in need of protection from physical injury or sexual abuse. These reports are confidential and made through the Intake Hotline. However, a report does not automatically lead to court proceedings.

If you are facing a Child Protection matter, our team can provide guidance and support throughout the process.


Children’s Court Matters

The Children’s Court can make various orders for the protection and care of children including temporary assessment orders, interim accommodation orders, protection orders and permanent care orders.

It can often be difficult for a family to know their rights in these situations or to navigate the Children’s Court process. We understand the urgency of Children’s Court matters and assist clients to resolve child protection issues as quickly and efficiently as possible, and to help make decisions in the best interests of the child and the family. It is important to seek legal representation as soon as possible, as Protection Applications by Emergency Care are able to be heard within 24 hours.

Our lawyers are highly experienced in Children’s Court processes and can assist with all stages of Children’s Court matters.


Grandparents and non-parents

We understand that grandparents, other relatives and third parties are often involved in disputes over the primary care and placement of children removed from their parent’s care.

We can provide advice to grandparents and non-parents involved in Children’s Court proceedings or who may be uncertain of their rights when dealing with the DFFH. This can include representation in Children’s Court proceedings or an explanation of the relevant orders and Court process.


Community Organisations

For those involved in community organisations it can be different to navigate the competing responsibilities owed to child or adult members, against the obligations or requests from the DFFH.

We can assist Community Organisations in understanding their obligations regarding children who may be at risk, or involved in Children’s Court proceedings.


Latest news 

Community education with all day long childcare and education in Armstrong Creek 

At Nicholes Family Lawyers, community education is something we see as an important part of our role as family lawyers.

Partner Bec Dahl and Associate Stefanie Tate recently presented to All Day Long Childcare and Education on management and handling of separated families within a child’s care environment.

It was great to see the educators engage with the presentation and advise of situations that have effected their work when families are tangled in a difficult separation.

Safe babies approach 

Nicholes Family Lawyers and The Tweddle Foundation jointly hosted a breakfast seminar centred around how developmentally-informed, trauma-responsive and relationship-focused practices can bolster child welfare frameworks.

The event featured an inspiring keynote address by Dr Mike Sherman, who travelled from the United States to share his expertise. Dr Sherman serves as the Infant and Early Childhood Mental Health Clinical Consultation Manager for Safe Babies, a program under ZERO TO THREE.

The Safe Babies Program focuses on keeping families together and preventing the maltreatment and neglect of babies and toddlers. It is an initiative of ZERO TO THREE, a globally recognised infant and toddler-focussed program implemented in numerous courts across the United States.

Nicholes Family lawyers attended the National Kinship, permanent & foster care conference – August 2024

Nicholes Family Lawyers Child Protection Special Counsel Fleur Ward and Associate Morgan Podesta attended The National Kinship, Permanent & Foster Care Conference at the Melbourne Convention and Exhibition Centre.

At the conference, Fleur was delighted to chair sessions on Innovation, New Ideas, and Creating New Evidence in the Child Protection system, and deliver a seminar on Carer’s and Children’s Law in Victoria.

Fleur and Morgan greatly appreciated the chance to connect with fellow professionals in this vital field and to discuss their shared commitment to the safety and wellbeing of children and young people.


Blogs

Podcasts

In this episode, Partner Bec Dahl hosts Special Counsel Fleur Ward and ISS Australia’s Deputy CEO Damon Martin in a discussion on international kinship care. They explore placing children with relatives abroad, addressing legal barriers, amplifying the child’s voice, and mitigating cross-border risks.


Support Services

If you or someone you know needs support or counselling we recommend the following services:  

Child Wise National Child Abuse Hotline: 1800 99 10 99

Kids Helpline: 1800 55 1800

The Aboriginal Family Violence Prevention and Legal Service Victoria: 1800 105 303

The Orange Door

If you believe that a child is in immediate danger, call Police on 000