By contrast, the family law system’s role is to assist in resolving disputes brought to it by family members. The family law system has no investigative capacity equivalent to the role of the protection departments of the states and territories. The family law system and the child protection system Although the family law system and the child protection system are different, in some circumstances they will both be involved in a child’s life. For example, a child who is involved in a in family law proceedings may have also been the subject of investigation or court proceedings under the child protection system. It is necessary for the law to deal with the problem that each system might reach a different conclusion. For example on the evidence before it, a family court might decide it is best for a child to live with a particular person. The child protection department may have reason to believe that the person is a danger to the child. Fortunately, the Family Law Act provides an answer to this problem. The Act provides, in effect, that the protection system trumps the family law system (s 69ZK). An order made by a family court cannot override the operation of the child protection system. Even though the family court might have made an order requiring a child to live with a particular parent, the child protection department could still intervene. If the children’s court so ordered, the child could be removed from that parent and placed elsewhere, such as foster care. Appendix 2 Obtaining consent orders Parents can obtain consent orders from the Family Court of Australia or the Family Court of Western Australia by using that Court's Consent Orders kit. While there is no need to attend court, there is a fee for such applications. Legal assistance may be obtained in completing the form and formulating the orders for the court to make.
By contrast, the family law system’s role is to assist in resolving disputes brought to it by family members. The family law system has no investigative capacity equivalent to the role of the protection departments of the states and territories. The family law system and the child protection system Although the family law system and the child protection system are different, in some circumstances they will both be involved in a child’s life. For example, a child who is involved in a in family law proceedings may have also been the subject of investigation or court proceedings under the child protection system. It is necessary for the law to deal with the problem that each system might reach a different conclusion. For example on the evidence before it, a family court might decide it is best for a child to live with a particular person. The child protection department may have reason to believe that the person is a danger to the child. Fortunately, the Family Law Act provides an answer to this problem. The Act provides, in effect, that the protection system trumps the family law system (s 69ZK). An order made by a family court cannot override the operation of the child protection system. Even though the family court might have made an order requiring a child to live with a particular parent, the child protection department could still intervene. If the children’s court so ordered, the child could be removed from that parent and placed elsewhere, such as foster care. Appendix 2 Obtaining consent orders Parents can obtain consent orders from the Family Court of Australia or the Family Court of Western Australia by using that Court's Consent Orders kit. While there is no need to attend court, there is a fee for such applications. Legal assistance may be obtained in completing the form and formulating the orders for the court to make.
parenting-orders-handbook.docx