Parents and carers often approach us for advice and assistance with issues they're facing in their family. KCLS can provide people with legal advice and assistance on legal issues involving the care of children and young people, as well as dealing with family violence.
Family Violence
Many men, women, and children live with or witness family violence regardless of their social or cultural background. Family violence is not just physical abuse and includes harassment, control of money, and emotional abuse.
If you're experiencing family violence you can speak to a KCLS lawyer for advice on how to apply for a violence restraining order to protect yourself or your children.
Family Law - Children
Relationship or marriage break-ups can be difficult and complex for anyone to deal with when arrangements need to be made for the care of children.
The law says it’s important for children to have a meaningful relationship with each of their parents and other important people in their lives (such as grandparents), as long as the relationship is in the children’s best interests and doesn’t put them at risk of harm.
A lawyer at KCLS can speak to you before you attend FDR to advise you on your rights and options before you go to FDR. If you can't reach an agreement at FDR or your situation is too urgent to wait for FDR, you can speak to a lawyer at KCLS about your options.
Care and Protection
When there are allegations of family violence, neglect, and/or emotional or physical abuse of a child, the Department of Child Protection and Support (CPFS) may intervene in the care of a child or young person. CPFS might ask to meet with you, or they might hand you some paperwork about your child or young person.
In these situations, a lawyer at KCLS can speak to you about how the child protection law works and advise you on your rights. We can also help you to develop plans, speak to CPFS, and tell your side of the story. You don't have to wait until you're in Court to speak with a lawyer. You can talk to a lawyer at KCLS as soon as you get paperwork from CPFS or are asked to have a meeting with them. It's usually better to speak to a lawyer as soon as possible, to see if things can be sorted out before Court. If you go to Court, we may be able to help you tell your story to the Court and CPFS.
Case Study: Ian
Ian contacted KCLS regarding a Protection and Care application for his daughter, Annie. The Department of Child Protection had filed the application, and were seeking an order to take her into interim care. Annie had been living with Ian for over two years and throughout the course of the proceedings.
Ian had taken steps towards improving his situation, including a reduction in drinking and violence since the application. KCLS made compelling submissions against the making of an interim order and the Magistrate agreed as to the reasoning and ordered that no interim order be made for the care of Annie. This means that she will remain in her family home and under the care of her parents until the substantive application is dealt with. Given the great outcome at this interim stage, and pending any further evidence, it is likely the Application by DCP will ultimately be unsuccessful.