The Department of Families, Fairness and Housing (DFFH) is the Victorian Government Department responsible for the portfolios of Child Protection. It plays a critical role in safeguarding the welfare of children and young people by overseeing statutory child protection functions, intervening where there are significant concerns for a child’s safety or development.
At Nicholes Family Lawyers, we have experienced, compassionate lawyers who provide thorough and thoughtful guidance, advice and representation in relation to:
- ‘Voluntary agreements’ and investigations by DFFH / Child Protection
- Protection applications by Emergency Care or Protection Applications by Notice
- Temporary Assessment Orders
- Case plan appeals
- Permanent Care Orders
- Variations, extensions and revocations of final Children’s Court Orders
- Supreme Court Appeals
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. However, a report does not automatically lead to court proceedings.
If you have been contacted by Child Protection in relation to a report made about your child, our team can provide guidance and support throughout the process.
Children’s Court Matters
The Children’s Court of Victoria (Family Division) 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 parent or carer to know their rights in these situations or to navigate the Children’s Court process. We understand the urgency and significance of Children’s Court matters and we can assist clients expeditiously and to help our clients make informed decisions during the proceedings. We believe it is important for clients to seek legal representation as soon as possible when notified of any Children’s Court matter, particularly as Protection Applications by Emergency Care for example, must be brought before the court within 24 or 48 hours of being issued.
Our lawyers are highly experienced in Children’s Court processes and can assist with all stages of Children’s Court matters.
Relatives and carers
We understand that relatives including grandparents and carers, are often involved in disputes over the primary care and placement of children removed from their parents care. Relatives and carers are not automatically given a say in Children’s Court proceedings. Relatives and carers can apply to be joined to proceedings but this is not often permitted by the Children’s Court and depends on the circumstances of each case, and whether that person has a ‘direct interest’ in the proceedings and whether it is practicable for the relative or carer to be joined.
We can provide advice to relatives, grandparents, carers and third parties involved in Children’s Court proceedings or who may be uncertain of their rights when dealing with Child Protection / DFFH. This can include representation in Children’s Court proceedings or an explanation of the relevant orders, Child Protection/DFFH practice and Children’s Court process.
Community Organisations
For community organisations it can be different to navigate the competing responsibilities owed to child or adult clients, 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
If you believe that a child is in immediate danger, call Police on 000