Family breakdown

If your parents are splitting up, or have split up, things can be pretty tough and confusing. Sometimes things have to be worked out, like where you will live, who you will live with and what time you will spend with each parent and your brothers and sisters.

The law says your ‘best interests’ are the most important thing. Working out what is in your best interests can be quite hard. It does not necessarily mean you will get what you want, although this will always be taken into account, as will the needs of other family members.

As a general rule, the law says it is in your best interests to have a relationship and spend time with each of your parents, and your brothers and sisters. Just how and when this happens depends on your family’s circumstances. The law also says that your parents are responsible for your financial support, as far as they possibly can.

If your parents go to court to sort things out, the court will want to know if they have made suitable arrangements for you. You may be asked to talk to a counsellor or other professional about what you want, and how you are feeling about the situation.

Independent children’s lawyer

A family law court might ask an independent children’s lawyer to look into your situation and try to find out what is best for you, and then work towards this.

To do this the lawyer will usually talk to you and other people involved in your life, like your teacher or doctor. They will listen to what you want and make sure the court knows this, but your views may not be followed.

The independent children’s lawyer should also explain how the system works and choices the court might have to make about your future. You can ask the independent children’s lawyer any questions you might have about the court case.

See the Family Court website (link below) for information and links to help children and young people whose parents are separating.

More information

Child abuse or neglect

Family dispute resolution (general information)

Am I old enough?

The role of an independent children’s lawyer

You and family law: a short guide

Related websites

Family Court – information for children

How we can help

Victoria Legal Aid (VLA) has a Youth Legal Service that provides legal information and assistance to children, young people and parents.

Call VLA’s 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 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, including the Children’s court.

For some matters we can provide you with a lawyer to help you present your case in the best way.

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

Who else can help?

You can get free advice and support from:

• Centre for Adolescent Health, phone: (03) 9345 5890
• Kids Help Line 24 hrs, phone: 1800 551 800 (free call)
• Reconnect – for mediation, support and referral. Phone: (03) 9611 2411 or 1800 800 531 (country callers).