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Children may become involved with the court system during divorce or separation proceedings, family violence matters and also when the Victorian Child Protection Service has initiated child protection protocols. Our dedicated team recognizes the profound impact that court proceedings and child protection interventions can have on families, and in particular the children and young people involved in family law matters.
We are committed to working collaboratively with families, Child Protection and the Legal system, placing the highest priority on children’s wellbeing and ongoing safety. Our ultimate goal is to alleviate the emotional distress that a young person may experience during court cases or other legal interventions, whilst ensuring that their safety and individual needs are met.
Our team offers vast expertise in interpreting intricate family law legislation, ensuring that children and young people are supported throughout their court experience.
Navigating legal issues can be highly distressing for children, so we ensure their wellbeing is paramount. Their best interests are protected during any court matters or legal proceedings.
Our family lawyers are skilled at negotiating for best-interest outcomes, and we safeguard the needs of the children we work with to ensure minimal impact during Children’s Court or other family law matters.
There are many reasons why children and young people may be involved in, or are the subject of legal proceedings, an experience which can be highly distressing without the right support.
We have extensive experience resolving matters with children at risk of harm, abuse or neglect and helping families involved in such disputes reach a child-focused outcome in their best interests and that ensures that their emotional, psychological and physical needs are met. We can also assist in responding to and appealing child protection issues and initiating Family Violence Intervention Orders (FVIO) when a child is at risk of significant harm due to a family violence matter involving a child’s parents or immediate family members.
Our team can help you with a variety of legal issues, including:
The Children’s Court of Victoria is a specialist Court that hears cases involving child protection, safety, and care, as well as criminal offences committed by young people under the age of 18. The Children’s Court is focused on safeguarding children’s welfare and best interests, in the context of their Family Division.
Child protection refers to the legal and social measures taken to safeguard children’s safety, wellbeing, and rights, particularly from abuse, neglect, or harm.
In Australia, child protection involves laws, policies, and services aimed at ensuring the safety and welfare of children, addressing issues of abuse, neglect, and family violence.
A Family Violence Intervention Order is a legal order issued by the either the Magistrates Court, or the Children’s Court when the matters only deal with the protection of a child. The intent and purpose of a Family Violence Intervention Order is to protect individuals from family violence by setting restrictions and conditions on the perpetrator to ensure the victim’s safety. If a parent is seeking an Intervention Order seeking both their protection and the protection of their children then this is obtained through the Magistrates Court.
Child Protection refers to the legal and social measures taken to safeguard children’s safety, wellbeing, and rights, particularly from abuse, neglect, or harm. In Victoria, child safety is overseen by the Department of Families, Fairness and Housing, specifically through the Child Protection division.
In Australia, child protection involves laws, policies, and services aimed at ensuring the safety and welfare of children, addressing issues of abuse, neglect, and family violence. This may involve interventions, safety plans, and other testing requirements to assist in determining risk.
If Child Protection has become involved with your child or children, seeking legal advice to understand your rights and navigate legal processes as soon as possible is a very important step.
Some other practical advice is to:
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Navigating family law matters involving children requires a delicate and specialised approach. Our team has extensive experience in resolving cases involving at-risk children, ensuring their safety, and fostering positive outcomes for families.
Family violence situations can have severe and lasting impacts on children. Our team is dedicated to assisting with Family Violence Intervention Orders (FVIO) when a child is at risk of significant harm due to family violence involving their parent or immediate family members.
Our team adopts a holistic approach in cases involving child protection and broader child safety matters. We work diligently to ensure the child’s safety and wellbeing are at the forefront of any legal proceedings.
If your child is required to attend the Children’s Court of Victoria (ChCV) for a Family Law, Child Protection or out-of-home care matter, our team will compassionately and skillfully advocate for the best outcome, prioritising a child’s safety and wellbeing.
If you and your ex-partner are involved in a parental dispute concerning parenting arrangements, co-parenting or relocating, our team can efficiently and sensitively assist your family to reach an agreement that is in the best interests of your child, or children.
If one or both parents have drug or alcohol dependencies, it can have a significant impact on a child’s upbringing and safety. Our team can assist your family in working out parenting arrangements, visitation, or other care options that ensure your children are not exposed to harm or emotional distress during contact with a parent with substances abuse issues.
Instances of child abuse, or allegations of child abuse, whether neglect, mental, emotional, physical or sexual abuse – are extremely serious and can be particularly distressing for the families and children involved whether they are directly or indirectly affected. Instances of child abuse may result in a child, or children, being removed from the family unit due to involvement with Victorian Child Protective Services (Department of Families, Fairness & Housing). Our Family Lawyers are well equipped to promptly respond to these matters, prioritizing the wellbeing of the children involved.
There are times when children and young people are unable to live with their birth parents for a wide array of reasons. If you are navigating adoption, out-of-home care or kinship orders, our team will work with you to ensure the best possible outcome for the children involved. We can also provide advocacy for families and children to ensure cultural needs are met, including their connection to family, community, culture, country and language.
Choosing the right lawyer for children’s matters is crucial. Look for a lawyer with expertise in the specific area you need help with, and someone who uses an approach that makes you feel at ease.
Take the time to explore, ask for recommendations from others, and read reviews to understand who you’ll be working with. When dealing with intricate or high-conflict situations, opting for a lawyer who is an Accredited Specialist with experience in children’s matters is a good place to start.
We bring specialised expertise, compassionate advocacy, and a focus on the unique needs of each child to ensure their safety, wellbeing, and overall growth. Please book an appointment with one of our experienced team members today or call us at (03) 9435 9044.
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Good morning Charlie, I'd like to thank you and your team for your continued support and professional approach during what amounts to be a tough time.
Robert
Lymington (Tasmania)
Thank you so much Ruby for your support. I have had no problem with recommending you and the firm to others during our time together and will continue to do so in the future.
Stephen
Heidelberg
Just wanted to say big thank for everything over the last few months. Your support has been fantastic, I’ve felt heard and respected through the entire process. So relieved to finally be able to close that chapter.
Brianna
Thornbury
Ruby was fantastic, she made the whole process easy with no stress.
Ron
Viewbank
Great timely service and everything explained clearly.
Sara
Doreen
Shelley was very easy to deal with, and always had the answer for any questions or queries we had.
Daniel & Kiera
Whittlesea
Ruby was courteous and professional during the entire will process. Ruby took the time to understand our life situation and have a few laughs during the process. We thoroughly enjoyed Ruby’s approach of being professional but not stale and dull.
Grant & Robyn
Maribyrnong
Everything was done efficiently. Staff were all very friendly and helpful.
Kerri
Montmorency
Suzanna was extremely helpful and patient under difficult circumstances.
Leigh
Lower Plenty
Thanks Charlie. Your friendly manner, responsiveness and professionalism was much appreciated.
Rose
Rosanna
Thank you again for your very compassionate and professional handling of the signing. It's not easy by any means but you are making it so much better for us.
Noah
Watsonia
“Thank you St John for your great work and professionalism in finalising my divorce. It was great and after so many years it has taken to get to this place, it is still quite unbelievable that it has now been finished.”
Ava
Heidelberg
Everything gets sorted so quickly and everyone is so friendly.”
Pauline
Toorak
Suzanna and Shelley, acknowledged and thank you sincerely for all you have done, not only over the last few months for settlement, but also over the past two years….Your professionalism, thoroughness and exceptional communication has been deeply appreciated especially given I have been overseas for 80% of this process. Wishing you continued success in your business. I’m proud to say my lawyers and conveyancers are Tonkin Legal Group.
Mark
Fitzroy North
Hi Charlie, a word of thanks for the assistance and guidance provided by Tonkin Legal and in particular by yourself in settling my mother’s estate, throughout drawn out [to me] processes over the past two years. Your commitment and persistence in working through those processes on our behalf is truly appreciated.
Lindsay
Melbourne
PARTNER – ACCREDITED SPECIALIST IN FAMILY LAW
St John Heath is a Partner at Tonkin Legal Group and a leading Family Lawyer in Victoria.
Tonkin Law is committed to protecting the privacy of our clients. Our team uphold the highest protection policies to minimise risk. Read more about our policy here.
Contact us today on (03) 9435 9044
8-10 Flintoff Street
Greensborough
VIC 3088
Email: mail@tonkinlaw.com
Fax (03) 9435 2452
PO Box 241, Greensborough VIC 3088DX98803 Greensborough