Family law resources
Family law resources
- Download the Information for the independent children's lawyer (pdf, 69.44 KB) or read the accessible Word version (161.07 KB)
This form is for independent children's lawyers to gather information about parents and children in a case. See also our fact sheet for clients The role of an independent children’s lawyer.
- Case note: Hargreaves and Hargreaves  FCCA 33 (20 January 2017) (docx, 134.17 KB)
This case note summarises how Victoria Legal Aid's specialised child support team represented the claimant parent of an adult child in what we understand to be the first case confirming adult child maintenance is available to support children receiving NDIS.
- Case note: Re Isaac  FamCA 1134 (17 December 2014) (docx, 135.53 KB)
Case note on Re Isaac  FamCA 1134 (17 December 2014) including facts, decision and commentary regarding whether Isaac was competent and capable of making an informed decision about his own medical treatment for gender dysphoria.
- Case note: when there is family violence in a family law litigation (docx, 137.96 KB)
This case note details how we helped a woman keep herself and her children safe from her violent ex-partner throughout the family law litigation.
Conference papers and articles
A selection of conference papers, articles and guides written by our lawyers are provided for other lawyers to use.
- Affidavits: the good, the bad and the very ugly (doc, 193.91 KB)
A guide describing the ins and outs of drafting a quality affidavit of evidence in support of your family law case.
- Contravention of orders affecting children (doc, 184.76 KB)
A guide to making sense of the regime for enforcing parenting orders.
Practice resources and materials
Our lawyers have documented a number of checklists, practical tips and handy hints, which may be useful references for other lawyers.
Children's Court Family Division
- Children's Court Family Division adult/parent capacity checklist (doc, 220 KB)
Handy hints in checklist form for assessing the capacity of adults, particularly parents with mental health or intellectual disability issues, in the Family Division of the Children's Court to give direct instructions.
- Children’s Court Family Division capacity checklist (doc, 174.51 KB)
Handy hints in checklist form for assessing the capacity of children aged ten or higher in the Family Division of the Children's Court to give direct instructions, updated to take into account the 2013 amendments to the Children, Youth and Families Act 2005.
- Children's Court Family Division – guide to assessing capacity and taking instructions from children (doc, 347 KB)
Handy hints for assessing the capacity of children aged ten or higher to give direct instructions and taking instructions, particularly children with trauma or intellectual disability, updated to take into account the March 2013 Amendments to the Children, Youth and Families Act 2005.
- Children's Court Family Division – taking instructions from young children (doc, 173.53 KB)
Handy hints in checklist form about the information to be given to, and the instructions to be taken from, children capable of giving direct instructions in the Family Division of the Children's Court.
VCAT review of case plan decisions
- Review of DHHS Child Protection Services decisions in VCAT – checklist (docx, 135.48 KB)
A checklist to the processes involved in applying to the Victorian and Civil Administrative Tribunal (VCAT) for review of any decisions made by the Child Protection Service of the Department of Health and Human Services (DHHS) concerning a child to go with the toolkit.
- Review of DHHS Child Protection Service decisions by VCAT – toolkit (docx, 146.85 KB)
This toolkit provides a brief overview and guide to the processes involved in applying to the Victorian and Civil Administrative Tribunal (VCAT) for review of any decisions made by the Child Protection Service of the Department of Health and Human Services (DHHS) concerning a child.
- Independent Children's Lawyers
A website developed by National Legal Aid to support independent children's lawyers across Australia.