At Ellis Mclachlan Solicitors we strive to explain court proceedings thoroughly to our clients to prepare them for their case, particularly regarding care and protection proceedings, dispute resolution conferences, children’s court, assessments, legal aid, and clients’ relationship with their lawyer.
The fundamental thing to understand is that Care and Protection proceedings will be initiated by Family and Community Services (FaCS) if they believe a child is ‘in need of care and protection’ or ‘at risk of serious harm’. The decision to place a child into care is taken very seriously by the Court but the primary focus of the Court must be the child’s safety and welfare.
Dispute Resolution Conferences and the Children’s Court
During the hearing of care application, the magistrate may refer parties to a Dispute Resolution Conference; all parties are obliged to attend these confidential conferences, which are aimed to assist the parties in coming to an agreement if possible, any issues that continue to be disputed will proceed to a hearing in court.
The Children’s Court is a specialist Court, it is more informal and is only open to parties in the proceedings. Cases in the Children’s Court normally take 9 to 12 months from the time they begin, and parties may be required to attend court several times throughout this process. At hearings the parties and other witnesses will have their affidavits tendered into evidence and can be cross examined about their evidence, this will entail sitting in the witness box, making an oath or affirmation, and answering honestly and thoughtfully regarding the questions asked.
Legal Aid and Your Relationship with Your Lawyer
Your lawyer will listen to your story and circumstances, will be required to act in a way that is consistent with the law, particularly the Care and Protection Act, and will explain the care processes to you and assist you with the proceedings. In Dispute Resolution Conferences your lawyer will attend with you and speak on your behalf, they will also help you prepare you affidavits which provide the basis of your evidence for the Court Hearing.
Your lawyer must act on your instruction, but listen to the legal advice you are being given, ask questions if there is something you do not understand, and always be honest with your lawyer to ensure they can help you properly.
Assessments
Assessments can be applied for by any party to a care proceeding, and will be granted by the court if it considers the assessment will provide further relevant information not able to be obtained elsewhere. These assessment orders may be carried out on a child or young person, or as an assessment of the person seeking parental responsibility with their consent, and will be carried out by an authorised clinician from the Children’s Court Clinic.
These assessments cover areas such as parenting capacity, relationships between the parent or caregiver and child, and a child or young person’s particular needs and character.
Call today for legal advice from our children’s law specialists on 02 8837 6111