VIC Children's court proceedings with Child Protection

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Legendaric

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21 July 2020
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In currently going thru proceedings with Child protection at the children's court. It's become very apparent that none of the legislation nor the department guidelines are being followed and I'm at a loss as legaid lawyer seems to not address any of it.
My question is, what time limit applies to trying to appeal an IAO in the childrens court or perhaps supreme Court? The entire process did not follow the outlined guidelines and the department failed to write truthful court reports which I am able to prove with written evidence. I was at the time self representing and it took a weeks to find a lawyer to represent me. Unfortunately I was never advised that I was able to contest the IAO and call for evidence. It has now been months and I'm also now aware that the department failed to even provide me with any meetings or correspondence around case plans. I asked for a review and was advised it was denied yet no response was ever given around the reason for denying the review nor did they discuss anything around it with me. What's even more confusing is that my son was placed in his fathers care for the IAO yet the father does not care for him and it's well documented that he is in the full-time care of another family member yet again the department refuse to address this. What legal avenues are available? I've looked into juridical review as a possibility while VCAT for a case plan review seems out if the question as the plan was completed in January yet I've only just become aware that the department did not actually review the case plan. Any advise or guidance please? I have no legal background and after weeks of research and reading the only thing that's apparent is that I've been unable to present my case fairly and laws have not be adhered to in anyway
 

Atticus

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6 February 2019
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My question is, what time limit applies to trying to appeal an IAO in the childrens court or perhaps supreme Court?
Without leave to do otherwise, *generally* there is a 28 day limit on appeals
I was at the time self representing and it took a weeks to find a lawyer to represent me.
Assuming this is in Vic? ..... So are you saying you were NOT legally represented at all during the IAO hearing?

If NOT, (or new facts or circumstances have arisen SINCE the making of the order) then have you considered an application to vary the IAO pursuant to Section 268 of the act?


Application for variation of interim accommodation order
(1) If the Court makes an interim accommodation order in respect of a child, the child or a parent of the child may apply to the Court for variation of the conditions included in the order if—
(a) the applicant was not legally represented at the hearing of the application for the order; or
(b) new facts or circumstances have arisen since the making of the order.


SOURCE >>>> CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 268 Application for variation of interim accommodation order

If that looks like it may apply in your case, see a lawyer for opinion/advice
 
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Legendaric

Member
21 July 2020
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Yes in Vic!!!! Thank you so much Atticus I'll look into it now!!! My legal aid lawyer hasn't advised me about any of this nor what I was able to dig up, would you happen to know any good lawyers around Melbourne for child protection cases?? Again thank you so much!
 

Atticus

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6 February 2019
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would you happen to know any good lawyers around Melbourne for child protection cases??
Sorry no ..... You could look at who's listed on this site as starters... Click on 'find a lawyer' near top of page .... Look for one that offers a free first consult just to see if the above may be possible...

If it is, Section 270 may be a more appropriate application depending on the circumstances >>>>> CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 270 Application for new interim accommodation order
 
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