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VALS has three lawyers who can help you with family law problems. They give advice and representation in matters involving the welfare of children. These will generally fall into one of two categories:

1. Disputes between parents (and sometimes other relatives) about where a child is to live and how much time the child spends with the other parent or relative. These disputes are often heard in the Family Court of Australia, but also in the Magistrates' Court and the Federal Magistrates' Service;

2. Disputes between parents and the Department of Human Services where the DHS believes that children are in need of care and protection. These disputes are heard in the Children's Court.

VALS’ approach to family law disputes is to try to help you to come to an agreement with the other party. There are also mediation services (when an independent person works with you and your partner to try to reach a settlement) and counselling services that can help you with this. Ask your lawyer for more details. If an agreement is reached, it can be drawn up, signed and lodged at the Family Court. This then makes the agreement as though it were an order of the court.

If it is not possible to reach an agreement, the family lawyers will advise you and represent you in court proceedings. This includes drawing up court documents for you, arranging representation for you at any court hearings and in ongoing negotiations with the other party (or his or her solicitor).

There are areas of family law which fall outside of VALS’ guidelines. These include:
intervention order applications (although we can advise you and point you in the right direction)
• divorce applications
• child support/maintenance cases
• property disputes

If you have a dispute that falls in one of these categories, VALS can not represent you. However, the Client Service Officers can help you with some of these things, such as filling in legal forms. Also, you should still contact us as we are able to refer you to other legal services or lawyers who can assist you. You may be eligible for legal assistance from Victoria Legal Aid.

If, for whatever reason, VALS has refused you help, you can appeal to the VALS Board for a reconsideration of the refusal.


 
 
© Victorian Aboriginal Legal Service 2003. Last updated November 2003