DFFH Is Involved With My Family: What Happens at the Children's Court?
If the Department of Families, Fairness and Housing (DFFH) has contacted you, conducted an investigation into your family, or made an application to the Children's Court, you are facing one of the most serious legal situations a parent can encounter. Acting quickly and getting the right legal advice early can make a significant difference to the outcome. This article explains the general process. It is general information only.
The role of DFFH
DFFH (formerly known as DHHS and, before that, Child Protection) is the Victorian government department responsible for protecting children from harm. When DFFH receives a report of concern about a child's safety, welfare or development — from a mandated reporter such as a teacher, doctor or police, or from a member of the public — it may investigate.
An investigation can involve interviewing the child (sometimes at school without the parents being present first), interviewing parents and other household members, and examining the family's history with the department. If DFFH concludes that a child is 'in need of protection', it may apply to the Children's Court.
The Children's Court Family Division
Child protection applications are heard in the Family Division of the Children's Court of Victoria. This is a dedicated court that deals only with child protection matters (and adoption). It is completely separate from the Federal Circuit and Family Court of Australia, which handles parenting disputes between separated parents.
The Children's Court sits in most major locations in Victoria, including Melbourne. Proceedings in the Children's Court are generally confidential — they are not open to the public.
The types of orders the court can make
If DFFH applies to the Children's Court, it will typically seek one or more protective orders. The most common are: a supervision order (the child remains at home but DFFH supervises the family, often with conditions attached); a family preservation order (intensive support is provided); a care by Secretary order (the child is placed in the care of the Secretary of DFFH — usually in foster care); and a long-term care order (for older children).
The court must consider the 'best interests' of the child as the paramount consideration. Parents have a right to be heard and to have legal representation at all stages.
The steps in a child protection matter
After a protection application is filed, the matter is listed for a 'mention' at the Children's Court. At the mention, parties indicate whether they consent to any orders or wish to contest. If the matter is contested, it proceeds to a contested hearing (a 'trial') where evidence is taken from witnesses.
In urgent situations, DFFH can apply for an emergency order to remove a child without prior notice. If a child is removed, a hearing must occur within a very short time. Parents have the right to apply to vary or revoke orders as circumstances change.
Getting help early
The most important thing you can do when DFFH first makes contact is to get legal advice before participating in any formal interview or signing any documents. You have a right to a lawyer. What you say to DFFH investigators, and what you agree to, can affect the proceedings significantly.
An experienced child protection lawyer can help you understand what DFFH is alleging, what orders they are seeking, how to engage constructively with case plans, and how to present your family's strengths at court. Early engagement often produces better outcomes than leaving legal advice until the last moment.
General information only. This article provides general information about the law in Victoria and does not constitute legal advice. Every situation is different — you should seek advice from a qualified Australian lawyer before making any decision based on this information. Liability limited by a scheme approved under Professional Standards Legislation.
Key takeaways
- DFFH investigates reports of concern about a child's safety, welfare or development.
- Child protection applications are heard in the Children's Court Family Division — separate from the Family Court.
- Orders range from supervision (child stays home) to long-term care orders.
- Parents have the right to be heard and to legal representation at all stages.
- Get legal advice before participating in any formal DFFH interview or signing documents.
- Early legal engagement consistently produces better outcomes than late action.
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