there are a number of different types of child protection orders.
Child protection orders are distinct from family violence orders although children can sometimes be included in the latter made for a parent. There are pertinent dates to remember regarding applications for parenting orders:
Phase one – June 30, 2006 to June 30, 2007: Parties must follow pre-action procedures such as family dispute resolution before going to court.
Phase two – June 30, 2007 to June 30, 2008: Court will not entertain applications for parenting unless a certificate from an accredited family dispute resolution practitioner is attached to the application.
Phase three – June 30, 2008 and onwards: Phase two requirements apply to all applications.
Magellan case management in the Family Court may be read in detail in this website’s ‘Family Court of Australia pathways’ in the About Going to Court section.
Section 60J of the Family Law Act provides the exceptions to the requirement of family dispute resolution before applying for a parenting order:
- Risk of child abuse if there is delay in applying for the order;
- Risk of family violence.
Section 60K of the family law Act of the same law requires the court to take prompt action when the applicant files a Form 4 which is a Notice of Child Abuse or Family Violence.
A Family Violence Order (including an interim order) is made to protect a person from family violence. A Family Violence Order is known under different names but with the same purpose:
- Apprehended Domestic Violence Order (New South Wales)
- Restraint Order (Tasmania)
- Protection Order (Queensland and Australian Capital Territory)
- Intervention Order (Victoria)
- Restraining Order (New Territory, South Australia, Western Australia)
Under the Family Law Act, family violence orders may allow parties to come into contact only for the following reasons:
- delivering or collecting a child who is spending time with a parent or other person, or
- family counselling, family dispute resolution, a family consultant meeting or other court events during family law proceedings.
Child protection orders are distinct from family violence orders although children can sometimes be included in the latter made for a parent. A child protection order is issued by a state Children’s Court when it is believed that a child is in danger and needs protection.
Disclaimer : This article provides basic information only and is not a substitute for a professional or legal advice. It is prudent to obtain legal advice from a family lawyer.