IVO Lawyers Melbourne: Family Violence Intervention Orders and Child Protection — When DFFH Gets Involved

When a family violence intervention order matter involves children and attracts the involvement of the Department of Families, Fairness and Housing (DFFH) in its child protection function, the legal landscape becomes significantly more complex. The intervention order proceeding in the Magistrates Court, child protection proceedings in the Children's Court under the Children, Youth and Families Act 2005 (Vic), and any parenting proceedings in the Federal Circuit and Family Court can all run simultaneously, each affecting the others. An IVO lawyer in Melbourne who understands how these proceedings interact is essential for parties navigating this situation. This article explains what happens when child protection becomes involved in a family violence intervention order matter.

This is general information only and does not constitute legal advice.

How DFFH Becomes Involved

What triggers DFFH involvement in a family violence matter?

The Department of Families, Fairness and Housing becomes involved in a family violence matter when a mandatory reporter, such as police, a teacher, a nurse, or another prescribed professional, makes a report to child protection that a child has been, or is at risk of being, abused or in need of protection. Where police attend a family violence incident and form a reasonable belief that a child is in need of protection, they are required under the Children, Youth and Families Act 2005 (Vic) and the Victoria Police Code of Practice for the Investigation of Family Violence to notify DFFH Child Protection. The notification can be made regardless of whether the affected adult wants child protection involved or whether the intervention order matter is already before the court.

What does a DFFH child protection investigation involve?

A DFFH child protection investigation involves a child protection worker contacting the family, interviewing the children and the parents or carers separately, assessing the risk to the children, and determining what action to take. The investigation may occur while the intervention order matter is already before the Magistrates Court. The child protection worker prepares a risk assessment that informs the child protection decision, which may include taking no further action, putting a family support plan in place, or applying to the Children's Court for a protection order. An IVO lawyer in Melbourne advises both applicants and respondents on how to engage with the child protection investigation in a way that protects their legal interests.

What is a child protection order and how does it relate to an intervention order?

A child protection order is made by the Children's Court under the Children, Youth and Families Act 2005 (Vic) where the court is satisfied that a child is in need of protection. Child protection orders can include supervision orders, which allow the child to remain with a parent under supervision, and custody to the Secretary orders, which place the child in the care of the department. A child protection order exists alongside any family violence intervention order and is not a substitute for it. The two orders operate under different legislation, in different courts, and can impose different and sometimes overlapping requirements on the same parties. An IVO lawyer in Melbourne advises on how the two orders interact and how to manage both proceedings in a coordinated way.

The Impact on the Intervention Order Proceeding

How does child protection involvement affect the intervention order proceeding?

DFFH involvement in a family violence matter can affect the intervention order proceeding in several ways. The child protection risk assessment and any material gathered during the investigation may be relevant evidence in the intervention order proceedings. Child protection may appear in the Magistrates Court as a party in some circumstances. The conditions sought in the intervention order may need to be consistent with any child protection plan or order in place. An IVO lawyer in Melbourne advises on how to manage the interaction between the intervention order and the child protection proceedings, including what information should and should not be shared between the two proceedings.

Can child protection apply for an intervention order on behalf of an affected person?

Child protection does not typically apply for a family violence intervention order on behalf of an affected adult family member. Police make intervention order applications on behalf of affected adult family members. However, child protection can apply for an intervention order on behalf of a child who is a protected person, and a child protection worker may appear in the Magistrates Court to support an application for conditions that protect children. An IVO lawyer in Melbourne advises on the specific roles of child protection and police in the intervention order proceedings and on how to engage with each effectively.

What happens to parenting arrangements when DFFH is involved?

When DFFH child protection is involved in a family violence matter with children, any existing parenting orders made in the Federal Circuit and Family Court are not automatically suspended, but the child protection investigation and any protective action taken may affect the practical operation of those orders. DFFH can seek to limit or supervise contact between a child and a parent on a protective basis, and that protective action must be coordinated with any parenting orders in place. An IVO lawyer in Melbourne advises on how to manage parenting arrangements during a child protection investigation and on when an urgent application to the family law court may be necessary.

The Children's Court Proceedings

How are Children's Court child protection proceedings conducted?

Child protection proceedings in the Children's Court of Victoria are conducted under the Children, Youth and Families Act 2005 (Vic). Where DFFH applies for a protection order, the application is heard before a Children's Court magistrate. The court considers whether the child is in need of protection and, if so, what order is necessary and appropriate. The proceedings are more inquisitorial in nature than adversarial criminal proceedings, and the paramount consideration is the best interests of the child. An IVO lawyer in Melbourne advises on whether separate representation is needed for the Children's Court proceedings or whether the same lawyer can manage both the intervention order and the child protection proceedings.

Can a parent challenge a child protection decision?

Yes. A parent can contest a child protection application at a hearing in the Children's Court, presenting evidence and submissions about why the order sought is not necessary or is not in the best interests of the child. An IVO lawyer in Melbourne can represent a parent in Children's Court child protection proceedings, either as the primary legal representative or in coordination with a separate lawyer instructed specifically for those proceedings. The decision about how to conduct the child protection proceedings needs to be made in coordination with the approach being taken in the intervention order and any family law proceedings.

What is a Family Group Conference and when is it used?

A Family Group Conference is a meeting facilitated by a DFFH worker and attended by family members and relevant professionals to develop a plan for the safety and wellbeing of the children involved in a child protection matter. Family Group Conferences are used in Victoria as an alternative to court proceedings where families can agree on a plan that addresses the child protection concerns. An IVO lawyer in Melbourne advises a client attending a Family Group Conference on what the conference involves, what information can and cannot be shared at the conference, and how the outcomes of the conference relate to both the child protection and the intervention order proceedings.

Managing Multiple Proceedings

How does an IVO lawyer coordinate across multiple proceedings?

Managing a family violence intervention order matter, a child protection investigation, and parenting proceedings simultaneously requires the IVO lawyer in Melbourne to understand the legislation and procedure applicable in each forum, the evidence relevant to each proceeding, and the way in which the decisions made in one affect the others. The most effective approach is to treat the three tracks as a coordinated matter from the outset, ensuring that the position taken in each proceeding is consistent and that steps taken in one do not inadvertently prejudice the client in another. Separate specialist lawyers may be required for the Children's Court and family law proceedings, but coordination between them and the IVO lawyer is essential.

What is the information sharing framework between DFFH and other agencies?

The Family Violence Information Sharing Scheme and the Child Information Sharing Scheme under Victorian law allow prescribed organisations including DFFH, Victoria Police, courts, and other agencies to share information for the purposes of assessing and managing family violence and child safety risks. Information shared under these schemes may be used in child protection and intervention order proceedings. An IVO lawyer in Melbourne advises on what information may be shared between agencies, how that information may affect the intervention order and child protection proceedings, and whether any steps can be taken to address information that has been shared inaccurately or in excess of what the scheme permits.

What should a parent do when DFFH first makes contact?

When DFFH first makes contact in the context of a family violence matter involving children, the parent should contact an IVO lawyer in Melbourne before engaging substantively with the child protection investigation. What is said to child protection workers during the investigation can be used in child protection proceedings and may also be relevant to the intervention order matter. An IVO lawyer advises on how to engage cooperatively with the child protection investigation while protecting the parent's legal interests, what information is appropriate to provide, and what rights the parent has during the investigation process.

Selection of Legal Representation

What should I look for in an IVO lawyer for matters involving DFFH?

An IVO lawyer in Melbourne handling a matter with a DFFH child protection dimension needs familiarity with the Family Violence Protection Act 2008 (Vic), the Children, Youth and Families Act 2005 (Vic), the Family Law Act 1975 (Cth), and the information sharing frameworks that govern the flow of information between agencies. Experience in managing intervention order, child protection, and family law proceedings in a coordinated way is directly relevant. Where the matter involves proceedings in three separate courts under different legislative frameworks, the capacity to understand and manage all three simultaneously is the primary selection criterion.

When should I engage an IVO lawyer if DFFH becomes involved?

Immediately on first contact from DFFH and before engaging substantively with the investigation. The positions taken during the child protection investigation, including what information is shared with investigators, can affect both the child protection and the intervention order proceedings. An IVO lawyer engaged from the first contact can advise on how to engage with DFFH in a way that is cooperative and appropriate while ensuring that the client's legal interests in all three proceedings are protected from the outset.

Can the same IVO lawyer represent a client in all three sets of proceedings?

An IVO lawyer in Melbourne can, in many cases, provide advice and representation across the intervention order, child protection, and family law proceedings, or coordinate the representation across specialist lawyers instructed for each. Whether a single lawyer or a team is the right approach depends on the complexity of each set of proceedings. The most important factor is that the lawyers in each proceeding communicate and coordinate their approach, so that positions taken in each are consistent and the client's overall interests are protected across all three tracks simultaneously.

If you need legal advice about a family violence intervention order matter involving children and DFFH child protection, IVO Lawyers Melbourne (ivo.com.au) is a Melbourne-based practice focused on intervention order and family violence matters across both the applicant and respondent sides of these proceedings. Early legal advice before the first court date is the most important step available in any intervention order matter.