Intersection Between Children’s Court and Family Law – Leo Cussen Centre for Law

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Intersection Between Children’s Court and Family Law

Intersection Between Children’s Court and Family Law

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The child protection jurisdiction is a unique practice area. It can involve many parties including children, parents, practitioners, the Department of Families, Fairness & Housing, and Independent Children’s lawyers. Further complications can arise when there are concurrent family law proceedings on foot, and family lawyers should have a sound understanding of the Children’s Court, and its practice and procedures.

This session will discuss critical issues for all family law practitioners, including:

  • Triggers for Child Protection involvement in families and when court proceedings are initiated
  • Intersection between State and Federal legislation
  • Children’s Court proceedings versus Family Court proceedings and the guiding legislative principles
  • Child Protection Orders versus Family Law Orders
  • Guidance on effectively utilizing information across jurisdictions in the Children’s Court and Family Court (in accordance with key legislative and other legal principles)
  • Concurrent proceedings in the criminal and/or intervention order jurisdictions and their impact