What is Child Protection Law?
Child Protection Law is a sphere of Australian law where authorities may step into family settings because of an assertion of detriment or significant threat of harm to a child.
The Child Protection Act is the legal structure guiding the Department of Children, Youth Justice and Multicultural Affairs in child protection.
The Legislation regarding Child Protection in Australia differs in each state and territory across Australia based on the local needs, however, there are certain similar guiding principles in certain pivotal areas when it comes to Child Protection. They include:
- In the best interest of a child
- Early Intervention
- Making young people and children participate in the decision-making process
Child Protection in Family Law
Under Australian family law, children have a right to enjoy a meaningful relationship with both their parents and to be defended from detriment by hiring a Child Protection Lawyer or Family Law Solicitor in Perth. A court is needed to give weight to the need to help children from harm or imminent threats.
The Family Law Act 1975 is gender-neutral and doesn’t make hypotheticals about parenthood places. When a family court with the help of a Family Lawyer, is making a decision about a child, the court will make an order that’s in the interests of the child.
When making opinions about children, what matters the most is that parents concentrate on what would be in the most favourable interests of their child. Utmost promised or separated parents successfully agree on their own arrangements for the care of their children after common discussions. However, a specialist family lawyer can help parents come to a mutually agreeable decision or concession if parents can’t agree on arrangements for children after separation. Otherwise, a judge in a family law court will make a decision, if parents still can’t agree. The judge’s decision will be grounded upon the best interests of the child in agreement with the Family Law Act.
Fiscal responsibility for children
Both parents also have a duty to support the child financially after separation, regardless of who the child lives with. Parents can manage this between themselves or apply for a child support assessment. The Department of Human Services administers the child support program, aiding parents to give support for their children with the help of a Child Support Lawyers in Perth.
Child Support during and after divorce
Separating from a partner after a divorce or the end of a de facto relationship can be a delicate and emotional process, particularly when small children are involved. Commonwealth child support laws are designed to ensure the interests and the needs of the child are met while balancing the capacity of parents to support their child with the help of Child Support Lawyers in Perth. It’s important that the parent/(s) also consider all of their options precisely and get accurate legal advice which is also in their favour.
Child support payments are nearly linked to the Family Tax Benefits. However, the parent must notify DHS (Department of Health Care Services) of their intended child support arrangement within 13 weeks of separating, or else they risk a reduction in their payments if they’re entitled to further than the base rate of the benefit. Their Family Tax Benefit Part A payments may be acclimated depending on the quantum of child support they admit.
They (parents)are not obliged to shoulder an assessment by DHS, but they should completely probe with them before they enter into a child support agreement, as their benefit payments may not rigorously be calculated on the quantum they have agreed to admit/ pay under the agreement. It is best to contact a Family Lawyer that can help make favourable decisions in the coming time, or one can contact Calverly Johnston because we offer free consultation from Child Support Lawyers.
Child Abuse and help
Under Australian law, a child or young person at threat of detriment or neglect, as a result of a single incident or a number of ongoing child abuse incidents, must be defended.
Child abuse may include:
- Directly hurting or trying to hurt a young person physically, sexually or emotionally
- Exposing a child to the threat of significant physical, sexual or emotional detriment, similar to being caught in the middle of family violence
- Allowing people with a history of child coitus offences to be in the home
- Having care of a child while under the influence of alcohol or other drugs
- Having care of a child whilst living with internal health issues that have not been addressed
- Neglecting a child
- Not giving a child enough food, apparel or necessary medical care
- Failing to give proper supervision
Persons experienced childhood abuse, by type of abuse
Source: Australian Bureau of Statistics
Investigations, by the source of notification
Child Abuse and Domestic Violence
Inquiries show that if a child is exposed to domestic violence, it can beget physical and emotional detriment that point towards needing a Child Protection Lawyer on an urgent basis.
The effects of child abuse and domestic violence are as follows:
- Ongoing anxiety and depression
- Emotional torture
- Eating and sleeping disturbances
- Physical symptoms, similar as headaches and stomach pangs
- Finding it hard to manage stress
- Low tone-regard
- Being aggressive towards their peers or siblings
- Feeling guilt or condemning themselves to the violence
- Have trouble forming positive connections
- Developing phobias
- Struggling with going to school and doing academy work
- Being a bully or becoming a target of bullying
- Difficulty in concentrating
- Finding it hard to solve their problems
- Having lower empathy towards others
Often, being exposed to domestic and family violence is not just a matter of witnessing it. Children and young people are frequently physically hurt during violent acts, either accidentally or intentionally.
Children and young people need to grow up in a secure and nurturing terrain, where domestic or family violence does not exist, the home isn’t safe or secure and children are spooked about what might happen to them and the people they love.
Relationship to the perpetrator(s) in the first incident of abuse
Source: Australian Bureau of Statistics
How can child protection Lawyers help?
If you are under the constant worry of your children, child protection attorneys, Child Custody Lawyer, Family Law solicitors or Child Support Lawyers in Perth can help, if you have had a child removed from your care or you think they might be in danger.
The Child Support Lawyers in Perth can help you with:
- Giving you advice with respect to your legal scores, liabilities and rights in the court process
- Attend mentions on your behalf
- Attend Family Group meetings with you and speak on your behalf
- Attend any Court ordered conferences and speak on your behalf
- Give you legal advice regarding your case
- Request that the Department do all effects necessary to commence an assessment of you as a parent willing and suitable to watch the child/children
- Request the Department to ensure regular contact between you and your child/children until the matter is resolved.
Supposing that the department is seeking any type of order for the court, you have the legal right to oppose their decision. Child Custody lawyers at Calverly Johnston can help you in preparing the paperwork for the process. Care Protection is the area of law that focuses on the safety of children and their protection from abuse and neglect. At Calverly Johnston, we’re trained and experienced in representing parents who have had their children removed from their care and also grandparents who wish to watch their children that have been removed from their parents with the help of our skilled child custody lawyers. We also have experience acting as an independent children’s attorney for children who have been removed from their families. If you need a family law solicitor in Perth, you can have a conversation with our team right now. We give advice and also represent parents, children, young people and anyone in need who have a genuine concern for the safety of their children.