Legal Issues

Frequently asked Questions

1. Where do I go for legal information, advice, referrals and representation?
2. Where do I go if I am concerned about the children's safety and wellbeing?
3. What does it mean when DOCS have parental responsibility for the children?
4. Do I have to take legal action to have custody of my grandchild?
5. How do I legalise our family arrangement?
6. How do I apply for Legal Aid?
7. Which courts make decisions about children?
8. Who are Court Mediators and what do they do?
9. Where do you find Indigenous Legal Services?
10. Who can help families with a member in prison?

1. Where do I go for legal information, advice, referrals and representaion?

For free confidential information and referral:

LawAccess NSW: 1300 888 529 Open: Mon - Fri 9am - 5pm (except public holidays).

Provides free telephone legal information, advice and referrals. ioncluding to your nearest Legal Aid NSW office, Community Legal Centres, private solicitors, pro bono solicitors and other organisations.

Attorney General's Department - A list of family and child related programs funded by this department.

Family Relationships Online: 1800 050 321 - From 8 am to 8 pm, Monday to Friday, and 10 am to 4 pm on Saturday (local time), except national public holidays.

Family Court of Australia

New Family Relationship Centres: 1300 888 529 - offers free, confidential information and advice for families in which there is a dispute. They will direct you to mediation and counselling services in Family Relationship Centres being set up around Australia.

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2. Where do I go if I am concerned about the children's safety and wellbeing?

phone:ephone the DOCS Helpline 132 111

If DOCS needs to protect the children they will remove them from their parents and take formal action through the Children's Court. The Children's Court may make an order allocating parental responsibility of the child to the Minister or another suitable person including a grandparent or other relative. It is the responsibility of DOCS to make sure the child will be cared for in the most suitable environment.

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3. What does it mean when DOCS have parental responsibility for the children?

When parental responsibility of the child has been allocated to the Minister this means that DOCS are responsible for ensuring a safe environment for the child but the day to day care has been allocated to someone else – often the grandparents. The children are considered to be 'in care' and you are classified as an 'Authorised Relative Carer'. DOCS will advise you as to your rights and responsibilities.

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4. Do I have to take legal action to have custody of my grandchild?

Families can make their own arrangements regarding the care of children – often referred to as an 'informal arrangement' - without going to court. However, it is advisable to have a written agreement in place (a 'consent order') which will help clarify your arrangement within the family and can assist if any problems should arise regarding decisions to be made for the children.

Consent Order Forms Available:
You can obtain a DIY kit for a Consent Order (to be used with an application form) and an Application for Consent Orders (download forms in various formats)

You can also contact the Family Court: 1300 352 000 or your local court registry. Family mediation is available through the Family Law Court and other mediation services if it is difficult to reach an amicable arrangement with the children's parents. phone:ephone Relationships Australia 1300 364 277 and the federal government's new Family Relationship Centres. Phone the Family Relationship Advice Line 1800 050 321.

It is a good idea to seek legal advice about your options. You can call LawAccess NSW for information, advice or referral to a family lawyer

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5. How do I legalise our family arrangement?

You and your family can register your 'consent order' through the Family Court or the Federal Magistrates Court. You do not have to attend court to do this however you may be required to attend a mediation session to ensure your arrangement has been settled agreeably. There are no fees for registering your consent order or for attending a mediation session with a court counsellor. For more information click here

If you are unable to reach an agreement with the parents then you can apply to the Family Court for a Parenting Order/s. The court will set out orders regarding where the child will live, who will have contact with the child and various parental responsibilities such as education, health care and discipline. For more on Parenting Orders click here

For a Parenting Plan Guide which includes information about extended family and links to templates click here

For information on compulsory dispute resolution click here

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6. How do I apply for Legal Aid?

Legal Aid NSW is a government-funded agency that provides a range of legal services to disadvantaged people, and representation in some cases to those who cannot afford a private lawyer.

You can get free legal advice at all Legal Aid offices across NSW. To find your closest Legal Aid office or for information about the Legal Aid policies, call LawAccess NSW on 1300 888 529 or Click Here to visit the Legal Aid website.

Legal Aid NSW can provide and in-house lawyer or legal aid can be granted to cover the costs of a private lawyer. To be elegible for legal aid, you must satisfy Legal Aid NSW's policies and guidelines; meet a means test (income and assets) and a merit test (you must have reasonable prospects of success). You will also need to satisfy Legal Aid NSW that you have exhausted all other ways of resolving the dispute. There is usually a small contribution required with all grants of legal aid.

To apply for a grant of legal aid you will need to complete a Legal Aid application form. Call LawAccess NSW on 1300 888 529 or visit the Legal Aid website and click on Applying for Legal Aid.

Legal Aid NSW also has a number of specialist legal services. including the Older Persons Legal Unit. Visit the Legal Aid website and click on Get Legal Help/ Specialist Services.

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7. Which courts make decisions about children?

There are three courts in NSW that deal with issues regarding children, parental responsibility and family matters:

• Local Courts
• The Federal Magistrates Court
• The Family Court of Australia

The Family Law Hotline and LawAccess NSW can direct you to the court nearest you.

Local Courts are state courts that can make decisions over family law matters and child care proceedings amongst other things. The Children's Courts hear any proceedings involving child protection undertaken by DOCS. Any dispute that you have with the children's parents may start in the local courts but if it is contested it will move to the Federal Magistrates Court or the Family Court.

The Federal Magistrates Court handles less complex family law matters. Staff can advise you regarding forms, fees and procedures and if your case is likely to go over more than two days they will refer the matter to the Family Law Court.

The Family Court of Australia will deal with a grandparent's application for the children to live with them or to have regular access with them. The courts will assist families to resolve issues outside of court wherever possible. This might be done through information or mediation sessions in which a parenting plan is drawn up and a 'consent order' registered with the court.

If mediation is not successful grandparents can apply for a Parental Order through the court. If the application is not contested this can happen quickly – if the parents oppose the application a hearing must take place.

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8. Who are Court Mediators and what do they do?

Court Mediators are social workers and psychologists trained in family disputes, conflict and resolution.

Their role is to help family members reach an agreement about parenting and other arrangements regarding the children. They can write Family Assessment Reports for the Court where disputes occur.

There is no fee charged for a mediation session.

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9. Where do you find Indigenous Legal Services?

Aborigines and Torres Strait Islanders Legal services are available through:

Indigenous Women's Legal Services

These services are available through the Women's Legal Services NSW and are staffed by Aboriginal women. They offer free services including:

• Assistance in finding a lawyer
• Training and community workshops
• General resources and information
• Face-to-face advice from solicitors through Outreach Services
• Community Legal Education across NSW

Free legal advice from solicitors via the Indigenous Women's Legal Contact Line 1800 639 784

Welfare Rights Centre (NSW)

Welfare Rights Centre (NSW) is a community legal centre specialising in social security law. The centre provides advice and representation on Social Security matters. It is entirely independent of Centrelink.

02 9211 5300 or fax: 02 9211 5268

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10. Who can help families with a member in prison?

The Community Restorative Centre (CRC) is a community organisation that has been working with prisoners, ex-prisoners and their families for more than 55 years. Services include family support, Court Support volunteers in most Sydney metro Courts and low-cost transport to country Correctional Centres for visitors. There is also a support group for women, that meets weekly on Fridays from 10am – 12pm at Woodville Community Services in Villawood. Free resources and information are available to the friends and families of prisoners and these can be posted to you.

(02) 9288 8700 or go to www.crcnsw.org.au for more information.

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