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Centrecare Midland Family Relationship Centre. 17/53 The Crescent (Cnr Sayer Street) Midland WA 6056 (08) 9436 0600 (08) 9436 0666 mfrc@centrecare.com.au. 2006 Family Law Act Changes. Putting the rights of children first (UN Convention on the Rights of the Child)
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CentrecareMidland Family RelationshipCentre 17/53 The Crescent (Cnr Sayer Street) Midland WA 6056 (08) 9436 0600 (08) 9436 0666 mfrc@centrecare.com.au
2006 Family Law Act Changes • Putting the rights of children first (UN Convention on the Rights of the Child) • Presumption of shared parental responsibility after separation • Acknowledges importance of children maintaining significant relationships including grandparents and other family members • Protecting children from physical and psychological harm
2006 Family Law Act Changes • Providing compulsory family dispute resolution* (FDR) as a means of avoiding long and costly Family Court battles • Providing a less adversarial approach in child-related proceedings • The introduction of Family Relationship Centres(FRCs) • * There are exemptions from attending FDR: Matters of Urgency, Address Unknown, FDV and child abuse
Midland Family Relationship Centre First point of contact and a gateway to accessing other services in a supported way. Three Objectives • Strengthening family relationships • Support families that are intact and/or attempting to reconcile • Assisting families through separation
Midland Family Relationship Centre Creates an environment for FDR that has safety as a key focus • Keeps the child as a central focus • Provides information about Family Law Changes • Assists parents and grandparents to develop parenting plans – future- focussed • Helps parents and grandparents to review the plan • Protecting children from harm, abuse and neglect
2012 Family Law Act Changes • Changes to the Family Law Act occurred in relation to Family and Domestic Violence from 7 June 2012. At this time in WA the changes apply only to married couples. • The changes include: • Definition of Family and Domestic Violence • Definition of Child Abuse • Changes to the considerations of the child • The over-arching consideration being the ‘best interests of the child’.
2012 Family Law Act Changes • When considering the best interests of the child the Court must consider primary and additional considerations. • The primary considerations are: a) The benefit of the child having a meaningful relationship with both of the child’s parents b) The need to protect the child from physical or psychological harm and from being subjected to, or exposed to, abuse, neglect or family violence. • In applying the considerations the Court is to give greater weight to consideration (b), protecting children from harm
Initial Intake for FRC Service • Receptionist first point of contact for all callers • Initial screening and referral options with Client Liaison Officer • Child in Focus Seminar • Screening and Assessment interview
Child in Focus Seminars • Explain family law changes • Focus on the emotional wellbeing of individual children • Encourage parents to develop a parental alliance and to improve communication between them • Help parents build a secure parenting base after separation • Child is not responsible for decision making • No vaccine against persistent parental conflict • Link into Centrecare counselling
Screening & Assessment • All cases involve detailed assessment undertaken by a Family Dispute Resolution Practitioner (FDRP) • FDRP offers information/referral options • Case Management • Safety assessment • FDR in appropriate cases • Certificate in appropriate cases • Referral options explored
Joint FDR Sessions • 2 or 3 hour session • Conducted by qualified FDRP • Referral options considered • Counselling for children, parents and grandparents • DV services • Liaison with CSA • Telephone FDR when appropriate • Shuttle FDR
Developing Child Focused Parenting Plans • Primary considerations include: benefit of child having meaningful relationship with both parents and their extended family • Need to protect child from physical/ psychological harm • Protection from neglect, abuse or violence • Parenting Plan can be used to make an application for consent orders or variation to a Violence Restraining Order (VRO)
Developing Child Focused Parenting Plans • FDR offered to parents and grandparents willing to work together and to maintain a child focus • Parenting Plans can be reviewed • Information and referrals to support children and vulnerable parents is part of post-separation parenting planning • A Parenting Plan can be taken into account by the Family Court
Section 60I Certificates • Following Case Management, an FDRP may issue a Certificate that allows access to the Family Court when: • One party fails to attend or refuses to attend • When FDR is deemed not appropriate • When FDR has been attempted but no agreement has been reached
Section 60I Certificates • FDR may not be appropriate when the ability of a party to negotiate is affected by any of the following matters: • A history of family violence among the parties; • The likely safety of the parties; • The equality of bargaining power among the parties; • The risk that a child may suffer abuse; • The emotional, psychological and physical health of the parties, • Any other matter the FDRP considers relevant to the proposed FDR
Child Inclusive Practice • Child In Focus Seminar designed to increase awareness of how ongoing & unresolved conflict impacts on children • Child inclusive practice ensures parenting plans reflect children’s need for continuing relationship with both parents • Ensures extended family are considered, such as grandparents • Children have a voice by being given the chance to express their views
Indigenous Advisor • AG funded position to address needs of Indigenous families • Trained in FDR • Specialist knowledge in FDV • Works with extended family including grandparents • Provides training & consultancy to agencies
Summary of Midland FRC Practice Model • Safety is the overarching principle • Children's best interests at core of our work Six stage process • Intake • Child in Focus Seminar • Screening & Assessment • Case Management • FDR Sessions - Parenting Plans • Certificates
Summary of Midland FRC Practice Model • Informed & trained staff to identify family’s needs • Active referral practice to support children, parents and grandparents • Important link to Centrecare counselling • On-going service delivery • Operate within Family Law reforms
Further Support Centrecare provides support, counselling and relationship education services to help families manage separation. Centrecare Midland Ph: 9436 0600
How can counselling help? • Talking to a qualified counsellor can help parents, grandparents and children explore and deal with the challenges presented by separation. • This may assist the parents and grandparents to put aside their personal issues and focus on their children. • This may assist children by helping them adjust to changes in their lives and to help them build resilience by gaining life and social skills.
Groups – Seminars – Workshops • Communicating with Teenagers Workshop • Real Dads’ Workshop • Problem Gambling’ Group • Family Focus Parents Forum - Midland • Family & Domestic Violence Groups for Women, Men and Children • Men in Relationships Counselling • Counselling for children
www.familycourt.wa.gov.au Family Court of Western Australia150 Terrace Rd (Cnr Victoria Ave) Perth WA 6000GPO Box 9991, Perth WA 6848Registry Hours: 9am to 4pm Monday to FridayTelephone Call Centre: (08) 9224 8222 (8am to 5pm)Country Areas Free Call: 1800 199 228 Welcome to the Family Court of Western Australia website. This website has been developed to provide: Information about alternatives to Family Court proceedings Information about divorce, child issues and financial issues Information about the workings of the court Access to court forms and information relevant to proceedings at the court Contact details and links to other family law related websites and organisations Information relating to adoption and surrogacy applications
Applicable Legislation • Family Law Act 1975 • Family Law Regulations 1984 • Family Law (Family Dispute Resolution Practitioners) Regulations 2008 • Family Law Rules 2004 • Family Court Act 1997 • Family Court Regulations 1998 • Family Court Rules 1998
www.slp.wa.gov.au WA State Law Publisher Home Page Click HERE for Western Australian Legislation Databases Acts In force Ceased In force and Ceased Subsidiary Legislation In force Ceased In force and Ceased
www.comlaw.gov.au Australian Law Online – Federal Register Acts Compilations - Current Legislative Instruments Commonly Viewed Legislation
Midland Family Relationship Centre 17/53 The Crescent, Midland WA 6056 Tel: (08) 9436 0600 mfrc@centrecare.com.au Family Relationships Advice Line Freecall - 1800 050 321 www.familyrelationships.gov.au