Family court

This section outlines the interface between Child Safety and the family law jurisdiction. 

Most family law matters are dealt with in the Federal Circuit and Family Court of Australia (FCFCoA), however in certain circumstances matters can proceed in a Magistrates court. The term ‘family court’ is a generic reference to any court exercising its authority under the Family Law Act 1975. 

The following provides a brief overview of the many ways Child Safety and the family court can work closely together to meet the protective needs of children and families, including:

• responding to a request for information from an accredited family law dispute resolution practitioner
• responding to Notice of Child Abuse, Family Violence and Risk issued from the family court
• sharing information between Child Safety and the family court.
• engaging with an Independent Child Lawyer, appointed in family law proceedings
• responding to a parent’s request for a statement of position letter, and/or supporting a parent/guardian/family member to obtain parenting orders.

Child Safety’s engagement with the family court is predominantly managed through Court Services, and all enquiries should be directed to their family law interface team at familylaw@cyjma.qld.gov.au.

Data Management Services (DMS) do however coordinate the following two discrete administrative areas of work relating to the family court:
1. Respond to a request for information from an accredited family dispute resolution practitioner
DMS are responsible for receiving, screening and responding to all requests for information from accredited family dispute resolution practitioners.

To make a request, the accredited family despite resolution practitioner must complete the form Chapter 5A information request – Family dispute resolution and send it directly to FDR_CS@cyjma.qld.gov.au. 

2. Processing a Notice of Child Abuse, Family Violence and Risk issued from the family court to Child Safety
DMS will send all Notices of Child Abuse, Family Violence and Risk to the relevant RIS or where there is an open event, the relevant CSSC.

It is Child Safety’s legislative responsibility to assess all reported concerns. (Refer to Procedure 1 Assess the information and decide the response.)

In assessing the level of harm, if practice guidance is required to understand the impact of current parenting orders, or pending court events please contact the family law interface team in Court Services who can assist as required.

Information sharing between Child Safety and the family court

The interface between Child Safety and the family law courts is guided by the Protocol between the Family Court of Australia and the Federal Magistrates Court of Australia and the Department of Child Safety Queensland, as well as information-sharing provisions in the Child Protection Act 1999 and the Family Law Act 1975. 

Provisions within the Family Law Act 1975  make it mandatory for certain entities including a state or territory child protection agency to provide information and records to the family court upon the issuing of an order.

Often in our work with families, there will be past or current family law proceedings. Timely information sharing between the two jurisdictions is critical to enabling Child Safety and the family court to meet their respective legal obligations. 

Court Services is available to assist Child Safety staff to work collaboratively with the family court to ensure information is shared between the two jurisdictions in a timely manner and in a way that ensures the best interests of a child. 

Contact Court service by email (familylaw@cyjma.qld.gov.au) if you have formed a view that:

• the family court would benefit from receiving information held by Child Safety
  or
• you require family court information to progress an assessment and intervention
  or
• a child’s protection may be secured by the making or varying of a parenting order.

Court Services can provide practice guidance on working effectively with the family court jurisdiction.

The family law interface team manage a range of information sharing pathways with the family court and act as a central point of liaison for Child Safety staff and the family court. 

Court Services receive all orders issued from the family court for Child Safety information or records, and also coordinates legal representation of the department in this jurisdiction when required.

Respond to contact by an independent children’s lawyers

When an independent children’s lawyer is appointed by the family court, they may contact Child Safety to seek information about:

• the extent of any child protection involvement with the child or family
• whether Child Safety intends to become involved in the family court proceedings or is considering initiating other legal proceedings.

Before providing an independent children’s lawyer with information, request a copy of the family court Notice of Address for Service form to confirm their appointment.

Information may be provided to the independent children’s lawyer (verbally only) in line with the confidentiality provisions contained in the Child Protection Act 1999, section 187(3).

If more detailed information is required, contact the family law interface team for guidance on how this can best occur.

Record the release of any information to an independent children’s lawyer in a case note in the relevant Unify case.

Respond to a parent’s request for a statement of position letter

At times, a CSSC may be asked by a parent to provide a Statement of position letter to support a family court application. The provision of this letter may assist the parent in their application for legal aid funding or be relied upon to help inform existing family law proceedings.

A statement of position letter includes: 

• the nature of Child Safety’s involvement with the family
• any current and future risk assessment regarding each parent
• any views regarding the proposed parenting orders (if this is known) sought by the parties. 

When a parent requests, or consideration is being given to providing a statement of position letter:

• Consult with the senior team leader, senior practitioner, CSSC manager and Court Services to determine the appropriateness of issuing the letter collaboratively.
• Where there are current child protection proceedings before the court, also consult with relevant legal officers involved in the matter.
• Ensure that both parents are informed of the decision to provide a statement of position letter and record this decision in the relevant Unify case.

The CSSC manager’s decision about whether to provide a statement of position letter should be based on:

• a sound decision-making framework which considers child protection legislation, family law legislation, child safety’s framework for practice, delegations, protocol between the department and the family law courts, relevant policies and procedures
• evidence
• a thorough assessment of both parents’ ability to meet the child’s safety needs and consideration of
  • who has parental responsibility
  • who the child lives with
    and
  • who the child spends time with or communicates with.

At times, the assessment may need to consider the suitability of a third party, such as a grandparent.  

If a decision is made to provide a statement of position letter, the family law interface team (Court Services) will assist the CSSC to draft the letter and approve the draft letter.

When the letter is completed, forward a signed copy of the letter to both parents wherever possible, and Court Services. If there are also child protection proceedings, forward a copy to the legal officers involved in the matter.