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Personal & family counselling

Personal counselling

Personal counselling is one-to-one counselling. It is normal to need support, which friends and family often provide. However, you may like to speak to a professional for counselling if you need help with:

  • adjusting to the separation and changes in your life
  • parenting and the care of children
  • drug or alcohol abuse
  • mental illness
  • gambling
  • being the victim of violence or abuse
  • changing violent behaviour.

Personal counselling is usually confidential, however if the personal counsellor is required to give evidence in court about your case, it may not be.

If you have issues that may affect your parenting the court may order personal counselling. It may be better if you get help before these problems are raised in court.

Family counselling

At family counselling a counsellor can help you to deal with personal issues about separation, divorce and parenting. You can be involved in family counselling if you are a parent, a child or a person important in a family relationship. You can choose to have family counselling or a court can order it.

Family counselling can happen with both people involved or you can have family counselling on your own. A legal aid commission, family relationship centre (or other family dispute resolution service) or the Family Relationship Advice Line can refer you to family counselling in your area. See ‘Services that can help’ (link below).

Confidentiality

What was said during family counselling is confidential. The information cannot be given to anyone or any agency unless you have given permission (and you are over 18). If you are under 18, both your parents need to agree to the information being given out. If they can’t agree the court may make a decision.

A family counsellor must, however, provide information that was said to them if they believe that this is necessary to follow the rules of any law.

For instance, if the information indicates that a child has been abused or is at risk of abuse and the law says that a family counselor must give that information to a child protection worker or the police, the counsellor must do this.

A family counsellor may (but does not have to) give information to another person (or an agency) if they believe that to do so:

  • is necessary to protect a child from harm (both physical and psychological)
  • is necessary to protect someone’s life or health or property
  • may prevent a crime involving violence or threats of violence or report a crime involving threats or violence
  • will assist a lawyer independently representing a child’s interests.

Even if the family counsellor is allowed to tell someone else what was said or what happened, this does not mean that the information will necessarily be admissable (allowed to be used) in court.

Suitability

Family counselling may not be right for every situation, for example if there is family violence or child abuse or a risk these will happen. If family counselling is requested or ordered and there has been family violence then special arrangements can be made. People can be seen separately or can have telephone counselling.

If you have experienced family violence or are worried about your safety let the family counsellor know immediately. A family relationship centre, legal aid commission or the Family Relationship Advice Line can refer you to specialist family violence services in your area. See 'Services that can help' (link below).

You may need to take urgent legal action in some situations. For example, if your children have not been returned from spending time with your ex-partner or other family member or if your ex-partner may sell. lose or destroy property which you have an interest in.

Family counselling may also not be appropriate if one person refuses to participate or their behaviour during a counselling session may be affected by a mental illness or a drug or alcohol abuse problem.

More information

Family Relationship Centres

Types of dispute resolution

Related publications

How to run your family law case

You and family law: a short guide

How we can help

Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.

VLA’s other free legal services include:

  • advice at VLA offices and other locations across Victoria
  • lawyers who are on ‘duty’ to help at many courts and tribunals.

For some family law matters we can provide you with a lawyer to help you run your case.

To find out more about any of our legal services see What we do.