Children with disabilities experience increased vulnerability than most children and the intersectionality of risk factors present for these children may have an overlay of issues with how carers and systems are set up to help them. Instead of being seen as a young person who needs support, children with disabilities are more likely to be subject to child protection claims and out of home care as their behavior is viewed as the problem. This may result in carers feeling as though they have no other option but to keep the child in out-of-home care or not know how to properly care for the child.  

It is unclear whether the behaviors from a group of children are stemming from trauma of services or from disabilities as many are undiagnosed. The overlap between disability and trauma needs to be further explored to improve out of home care and child protection systems for children with disabilities. There is an overreliance on out of home care that leads to a cycle of intervention and trauma over adequate support for children and carers. There is an intersection of risk factors in children with disabilities depending on the establishment of their care systems. However, many of these children are being referred around to different services without a holistic approach to help, a diagnosis or an early intervention and support including their carers. Instead, we should be working with families and carers to see how to better address the needs of the child with the disability.

Show Notes:

Commonwealth Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (AUS) (2021-22) Care Criminalisation of Young People with Disability in Child Protection Systems

Baidawi, S & Sheehan, R. (2019).  'Crossover' Children in the Youth Justice and Child Protection Systems, (Routledge).

Baidawi, S. & Ball, R. (2022). Multi-system factors impacting youth justice involvement of children in residential care. Child & Family Social Work. https://doi.org/10.1111/cfs.12940

Susan Baidawi: https://www.monash.edu/medicine/spahc/socialwork/about/our-people/susan-baidawi

Evelyn Bugel: https://www.evelynbugelpsychology.com/about.html

Declan Kavanagh-Bugel:

https://declankbart.bigcartel.com/category/prints

https://www.instagram.com/deckies_artworks/

https://www.youtube.com/watch?v=GuSfs0nGHos

Best Interests Children’s Law Podcast is sponsored by Ex Curia: Coaching & Consulting Pty Ltd, Meliora Psychology and Claudia Grimberg Lawyers.

Got questions, comments, compliments or something to add
to the discussion? We'd love to hear from you on our website.

A number of women and children are adversely affected by family violence across their lifetime that has immediate and long-lasting effects on their psychosocial, developmental, cognitive and social-emotional health. The Safe Nest Group (SNG) program is designed as a weekly, 6 session intervention for women and their infants who are under 3 years old, to engage in a group session underpinned by trauma-informed, psychodynamic and infant mental health principles. The project aimed to prioritise infants' needs, and intervene to assist mothers and infants in their recovery from the impacts of family violence. The study found that the program had been beneficial, noting meaningful reductions in mothers’ symptoms of depression and trauma and a better understanding by mothers of the impacts of family violence on their children. 

Show notes:

The ANROWS report by the Safe Nest Group: Pilot Project

https://www.anrows.org.au/publication/violence-prevention-and-early-intervention-for-mothers-and-children-with-disability-building-promising-practice/ 

Dr Katie Wood:

https://experts.swinburne.edu.au/494-katie-wood

Dr Emma van Daal: 

https://theplaystudio.com.au/team/

Research for this episode was conducted by Latrobe Law School student, Melissa Mazzeo.

Best Interests Children’s Law Podcast is sponsored by Ex Curia: Coaching & Consulting Pty Ltd, Meliora Psychology and Claudia Grimberg Lawyers.

Got questions, comments, compliments or something to add
to the discussion? We'd love to hear from you on our website.

The role of Supervised Children contact centres (SCCC) are necessary in forming a space where children feel safe and supported to reconnect with non-residential parents. These centres assist in strengthening the child's relationship with the estranged parent and facilitate a healthier relationship despite the challenging circumstances that give rise to the necessity of supervised contact. These centres may be effective depending on the attitudes and age of the child and the behaviours of the parent engaging in the service. SCCC are unlikely to meet the best interests of the child in every scenario. The role of SCCC’s is to ‘bridge the gap’ and aid the transition of the non-residential parent back into the child’s life in a safe and supervised way.

However, SCCC’s may sometimes be viewed as a way to gain more evidence against a parent in court and can be a means to coerce children or other parents.Courts frequently request reports from SCC’s regarding observations of a parents behaviour and relationship with the child which can cause tension and are highly influential. SCCCs can therefore be an artificial environment where parents can display certain positive behaviours to look good to the staff in order for reports in their favour to be used in court. This may be unrealistic, and children may not want to engage in SCCC’s.

Show Notes:

https://www.betterplaceaustralia.com.au/?gclid=Cj0KCQjwiOy1BhDCARIsADGvQnBCCyjg_Hz4bJxE4Ivr2CHpwPgB6Nh--o9TQ9_NlpyaQ_cSgMl0hQaAgcFEALw_wcB

 https://aifs.gov.au/resources/policy-and-practice-papers/childrens-contact-services#:~:text=Children's%20Contact%20Services%20(CCSs)%20are,their%20own%20parenting%20time%20arrangements.

 https://aifs.gov.au/sites/default/files/cfca35-childrens-contact-services_0.pdf

Sheehan, G., Carson, R., Fehlberg, B., Hunter, R., Tomison, A., Ip, R., & Dewar, J. (2005). Children's contact services: Expectations and experience. Final report. Canberra: Attorney-General's Department.

Fitzgerald, R., & Graham, A. (2011). "Something amazing I guess": Children's views on having a say about supervised contact. Australian Social Work, 64(4), 487-501.

Best Interests Children’s Law Podcast is sponsored by Ex Curia: Coaching & Consulting Pty Ltd, Meliora Psychology and Claudia Grimberg Lawyers.

Got questions, comments, compliments or something to add
to the discussion? We'd love to hear from you on our website.

In “The Importance of Being Well at Work” series we explore what it takes to maintain health and wellbeing when working in trauma saturated environments – in this case, where the work involves working for or on behalf of children.

In this final episode of the series, we focus on the health and wellbeing of child protection workers. We speak to Sahra Mogorovich to discuss the importance of wellbeing when working in this regularly challenging but equally vital area of child protection. Sahra draws on her own experiences of working with young people and families and provides us with insight in how to navigate this important but complex area of work.

Best Interests Children’s Law Podcast is sponsored by Ex Curia: Coaching & Consulting Pty Ltd, Meliora Psychology and Claudia Grimberg Lawyers.

Got questions, comments, compliments or something to add
to the discussion? We'd love to hear from you on our website.

Elicia Savvas’s Churchhill Fellowship report, released in September 2024, explores children’s legal services and related organisations in the United States, Scotland, and Northern Ireland. The Churchill report largely focuses on the features and benefits of child centred legal services, the need for independent advocacy, and how children’s court systems can support meaningful participation. It contends that the Australian legal sector can better support children’s rights by drawing on the UK and US systems. The report discusses the ‘client directed’ model of legal representation, meaning the child provides instructions about their own needs and wishes. 

Show Notes:

Report: 

https://www.churchilltrust.com.au/project/to-investigate-child-centred-legal-services-in-child-welfare-law/

Research for this episode was compiled by Maigan Hounslow. 

Best Interests Children’s Law Podcast is sponsored by Ex Curia: Coaching & Consulting Pty Ltd, Meliora Psychology and Claudia Grimberg Lawyers.

Got questions, comments, compliments or something to add
to the discussion? We'd love to hear from you on our website.

Youth detention in Australia is a complex issue that intersects with human rights, public safety and social justice. The treatment of young people in detention is a critical focus area for human rights advocates who have long identified repeat violations of Australia’s international obligations to uphold the human rights of children in detention. And yet, despite these known violations, and despite mounting evidence that detention does not keep the community safe at all, there are continued calls across Australia to get even ‘tougher on crime’ for young offenders. So, what will it take to cool the political hot potato that is juvenile justice for long enough to create and invest in a system that actually works?

Show Notes:

Dr Anita Mackay’s recent book 'A Children's Rights Assessment of Juvenile Detention in Australia' (Routledge, 2025) is about human rights compliance in Australian youth detention: https://bit.ly/4eveJgY 

She also authored 'Towards Human Rights Compliance in Australian Prisons' (ANU Press, 2020): https://press.anu.edu.au/publications/towards-human-rights-compliance-australian-prisons

Dr Mackay has also written on how vulnerable witnesses are protected during Royal Commissions. Read her article here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3544432

Best Interests Children’s Law Podcast is sponsored by Ex Curia: Coaching & Consulting Pty Ltd, Meliora Psychology and Claudia Grimberg Lawyers.

Got questions, comments, compliments or something to add
to the discussion? We'd love to hear from you on our website.

In Victoria, matters alleging the abuse or neglect of children are heard in the Family Division of the Children’s Court – a specialist court designed to hear child protection matters. However, the Children’s Court is notoriously adversarial. Litigation can be protracted, traumatising for families, and occurs in a system where the prosecuting authority is simultaneously trying to work collaboratively with the family – an uneasy alliance by anyone’s standards. Less adversarial approaches are available but rare and lack a primary prevention framework. A specialist infant court has the capacity to support vulnerable and at-risk families from the outset to ensure safety of the infant and work collaboratively with the family to keep the family together wherever possible.  So, exactly how would a specialist infant court operate and what do we need to do to get one of our own?

Show notes:

Matthew Wilson’s report 

https://www.churchilltrust.com.au/project/to-investigate-innovative-court-based-approaches-to-infants-in-care-and-protection-proceedings/

Submission below by Nicole and Matthew 

https://yoorrookjusticecommission.org.au/document-library/submission-tweddle-foundation/

Best Interests Children’s Law Podcast is sponsored by Ex Curia: Coaching & Consulting Pty Ltd, Meliora Psychology and Claudia Grimberg Lawyers.

Got questions, comments, compliments or something to add
to the discussion? We'd love to hear from you on our website.

Corporal punishment in the home, in one form of the other, is legal in every State of Australia. Whilst corporal punishment still appears to be commonly used within our country in practice, studies indicate corporal punishment is increasingly being seen as an unnecessary form of discipline. If cultural attitudes are changing, but the incidence of corporal punishment is still unacceptably high, then what, if anything, do we need to do to bridge that gap?

Show notes:

Linda Savage: https://www.ccyp.wa.gov.au/about-us/the-ambassadors/ms-linda-savage/

Convention on the Rights of the Child: 

Article 19(1) states parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.

The prevalence of corporal punishment in Australia: Findings from a nationally representative survey

Acceptability of corporal punishment and use of different parenting practices across high-income countries

End Physical Punishment of Australian Children (EPPAC) Campaign

Research for this episode was conducted by Vanessa Mocibob.

Best Interests Children’s Law Podcast is sponsored by Ex Curia: Coaching & Consulting Pty Ltd, Meliora Psychology and Claudia Grimberg Lawyers.

Got questions, comments, compliments or something to add
to the discussion? We'd love to hear from you on our website.

The Reportable Conduct Scheme outlines the obligations of organisations covered by the Scheme to notify the Commission for Children and Young People (CCYP) of reportable allegations made against workers of an organisation.. Its purpose is to help identify individuals who pose a risk of harm to children and young people, promote information sharing between government regulators and organisations, and improve responses to allegations of child abuse and harm within organisations. 

On July 1 2024 amendments to the Child Wellbeing and Safety Act 2005 (Vic) (‘The Act’) came into force which expands the definition of ‘employee’ and  ‘worker’ under the Reportable Conduct Scheme (‘Scheme’) and increases the enforcement and compliance powers of the CCYP and police. 

Expanding these definitions ensures that allegations of child-related harm and misconduct in organisations is properly reported and investigated, regardless of the  employment relationship with the organisation. 

Will these changes ensure all allegations of abuse or harm are reported, irrespective of the person's position within the organisation? And will the increased powers of the CCYP and the police capture those offenders who have previously fallen in the gaps? 

Show Notes:

Safe Space Legal 

https://safespacelegal.com.au/new-legislative-changes-child-wellbeing-safety-act/

https://safespacelegal.com.au/child-safe-standards-reportable-conduct-victoria/

https://safespacelegal.com.au/child-safe-standards/

https://safespacelegal.com.au/child-safe-standards-law-amendments/

https://www.childabuseroyalcommission.gov.au/final-report

https://www.justice.vic.gov.au/safer-communities/protecting-children-and-families/betrayal-of-trust-fact-sheet-the-new

Research for this episode was compiled by Claudia Brophy-Odgers. 

Best Interests Children’s Law Podcast is sponsored by Ex Curia: Coaching & Consulting Pty Ltd, Meliora Psychology and Claudia Grimberg Lawyers.

Got questions, comments, compliments or something to add
to the discussion? We'd love to hear from you on our website.

In “The Importance of Being Well at Work” series we explore what it takes to maintain health and wellbeing when working in trauma saturated environments – in this case, where the work involves working for or on behalf of children.

In this episode, we focus on the health and wellbeing of psychologists. We speak to Ashleigh Barber, an Educational and Developmental Psychologist dedicated to providing compassionate and evidence-based support to children and their families.

Show Notes:

https://www.ashleighbarberpsychology.com.au/

Best Interests Children’s Law Podcast is sponsored by Ex Curia: Coaching & Consulting Pty Ltd, Meliora Psychology and Claudia Grimberg Lawyers.

Got questions, comments, compliments or something to add
to the discussion? We'd love to hear from you on our website.

In “The Importance of Being Well at Work” series we explore what it takes to maintain health and wellbeing when working in trauma saturated environments such as the children’s law jurisdiction. 

In this episode we talk to Marguerite Picard who began her career in crime, family and children’s law and very quickly worked out either she, or traditional forms of lawyering, had to go. This is her story.

Show notes: 

https://melca.com.au

https://supportforlawyers.com

Best Interests Children’s Law Podcast is sponsored by Ex Curia: Coaching & Consulting Pty Ltd, Meliora Psychology and Claudia Grimberg Lawyers.

Got questions, comments, compliments or something to add
to the discussion? We'd love to hear from you on our website.

"In Conversation" is a parallel series where we invite lived experience speakers to come share our stories with us. 

In this episode, Paige Buck, a lived experience advocate, shares her journey growing up in care and the experiences that inspired her to become a lawyer, advocating for children and families navigating the child protection system.

Best Interests thanks all lived experience advocates who talk openly and courageously about their experiences for the benefit of others. 

Best Interests Children’s Law Podcast is sponsored by Ex Curia: Coaching & Consulting Pty Ltd, Meliora Psychology and Claudia Grimberg Lawyers.

Got questions, comments, compliments or something to add
to the discussion? We'd love to hear from you on our website.

Harmful sexual behaviours Is considered a serious and growing concern in secondary schools. This harm can encompass a range of behaviours such as sexual harassment, assault, bullying and use of online technology to stalk, harass, groom and menace.  The ongoing nature of these behaviours has catastrophic effects on those victimised and can implant and magnify attitudes and behaviours that will carry on to adulthood. 

Show Notes:

Melinda Tankard-Reist

https://melindatankardreist.com/

https://www.collectiveshout.org

Books published by Melinda Tankard Reist:

https://www.amazon.com/s?k=melinda+tankard+reist&i=stripbooks-intl-ship&crid=107SPQNNMNKDZ&sprefix=melinda+tankard+reis%2Cstripbooks-intl-ship%2C289&ref=nb_sb_noss_2

Maha Melhem

https://www.linkedin.com/in/maha-melhem-legalconsulting/?originalSubdomain=au

Commissioner for Children and Young People

https://ccyp.vic.gov.au

Best Interests Children’s Law Podcast is sponsored by Ex Curia: Coaching & Consulting Pty Ltd, Meliora Psychology and Claudia Grimberg Lawyers.

Got questions, comments, compliments or something to add
to the discussion? We'd love to hear from you on our website.

The Youth Justice Bill 2024, introduced into parliament on June 18, 2024, outlines plans to raise the age of criminal responsibility for most offences to 12 by early 2025. This change reflects a growing recognition of the need to approach youth justice with a focus on rehabilitation and the developmental needs of children. Scientific evidence of the brain’s development has shown that someone aged between 10-14 years may not be able to understand the moral consequences of criminal behaviour and lack the maturity to be held criminally responsible for their actions. History tells us that early engagement with the criminal justice system adversely impacts children and increases criminal trajectories whilst ignoring the origins of offending. Raising the age requires changes in approaching the children impacted and implementing early intervention programs to divert criminal pathways. But raising the age of criminal responsibility is not a welcome development for everyone. Critics argue that merely raising the age of criminal responsibility without these robust support systems in place is insufficient and question whether society is equipped to effectively rehabilitate children who display criminal behaviours and prevent them from embarking on a life trajectory of crime. The contentious nature of this issue was reflected more recently with the Victorian government reneging on its commitment to further raise the age to 14 in line with international standards. Some argue the current plans to raise the age of criminal responsibility to 12 is a sensible mid-way point. Others question whether it goes far enough.

Sources:

Youth Justice Bill: https://content.legislation.vic.gov.au/sites/default/files/bills/601020bi1.pdf 

Best Interests Children’s Law Podcast is sponsored by Ex Curia: Coaching & Consulting Pty Ltd, Meliora Psychology and Claudia Grimberg Lawyers.

Got questions, comments, compliments or something to add
to the discussion? We'd love to hear from you on our website.

Suicide is the leading cause of death in young people (aged 28 to 24) in Australia. Because suicide is a preventable cause of death it is critical for us to understand the risk factors that lead to suicidal behaviours. A leading risk factor contributing to the burden of suicide in young people is child maltreatment and/or adverse childhood events but direct links between these and youth suicide is difficult to prove. The concept of ‘coerced suicide’ is a useful vehicle through which to start a conversation about the relationship between maltreatment, experiences of violence and suicide – a conversation which will hopefully pave the way for greater research and critical reform in this area.

Show notes

Shannon Miller

https://www.linkedin.com/in/shannon-miller1984/?originalSubdomain=au

Victorian suicide Register – Coroner’s Annual Data Report – 2023 

https://www.coronerscourt.vic.gov.au/sites/default/files/2024-02/Coroners%20Court%202023%20Annual%20Suicide%20Data%20Report%20-%20December%202023.pdf

https://www.berrystreet.org.au/uploads/main/Files/Missing-Figures-Report-Final-May-2023.pdf

https://www.ombudsman.wa.gov.au/Publications/Reports/FDV-Suicide-2022-Volume-1-Ombudsman-Foreword-and-Executive-Summary.pdf

https://www.tandfonline.com/doi/abs/10.1080/10926771.2017.1335821

Best Interests Children’s Law Podcast is sponsored by Ex Curia: Coaching & Consulting Pty Ltd, Meliora Psychology and Claudia Grimberg Lawyers.

Got questions, comments, compliments or something to add
to the discussion? We'd love to hear from you on our website.

In “The Importance of Being Well at Work” series we explore what it takes to maintain health and wellbeing when working in trauma saturated environments – in this case, jurisdictions dealing with children’s law. In this episode we focus on the health and wellbeing of Barristers. 

Show notes:

Dr Michelle Sharpe, Victorian Bar – Michelle is a member of the Victorian Bar, practicing primarily in the area of general commercial and regulatory law. In 2006 she was a founding member of the Victorian Bar’s Health and Wellbeing Committee and was involved in establishing a wellbeing program which included a 24/7 counselling service for barristers. She’s hosted numerous Continual Professional Development sessions on wellbeing and has been involved in the production of a wellbeing film and a pilot debriefing study for the Victorian Bar. 

https://www.vicbar.com.au/profile/7347

https://www.empowergirl.com.au/our-advisors/

https://lsbc.vic.gov.au/lawyers/practising-law/professional-obligations/rules-and-compliance

https://www.amazon.com.au/Lawyer-Know-Thyself-Psychological-Personality/dp/159147096X

https://www.google.com/search?client=safari&rls=en&q=lawyer+know+theyself&ie=UTF-8&oe=UTF-8

Best Interests Children’s Law Podcast is sponsored by Ex Curia: Coaching & Consulting Pty Ltd, Meliora Psychology and Claudia Grimberg Lawyers.

Got questions, comments, compliments or something to add
to the discussion? We'd love to hear from you on our website.

The Australian Child Maltreatment Study (ACMS) is the first national study of the experiences and associated health and social outcomes of child maltreatment in Australia. A key take away of the study is that most Australians - have experienced child maltreatment. One would therefore expect the prevalence of child maltreatment to inform our public health policies. But that is not so. Despite criticisms from international rights organisations over many years, Australia has still not met its commitment to provide primary prevention strategies to combat the incidence of child maltreatment. The ACMS seeks to change that. 

Show Notes:

https://webpublic.acu.edu.au/staffdirectory/?Daryl-Higgins=

https://www.acms.au

Research conducted by Vanessa Mocibob. 

Best Interests Children’s Law Podcast is sponsored by Ex Curia: Coaching & Consulting Pty Ltd, Meliora Psychology and Claudia Grimberg Lawyers.

Got questions, comments, compliments or something to add
to the discussion? We'd love to hear from you on our website.

In an effort to promote a simpler family law system and safer outcomes for families and children, the Federal government has proposed a suite of changes to the Family law Act, one of which is the abolition of the ‘presumption of equal shared parental responsibility”. But what is the ‘presumption of equal shared parental responsibility’? How did it come about? What happened between 2006, when it was first introduced, and 2023 that has prompted its abolition? And what will replace it?


Show Notes:

Speakers:
Justine Clark, Principal, Tisher Liner FC Law

Lawrence (Lawrie) Moloney, Adjunct Professor, School of Psychology and Public Health at La Trobe University

Law:
Family Law Amendment Bill 2023 (Cth)

MRR v GR [2010] HCA 4 (3 March 2010)


Research conducted by Anna Mannaseh. 

Best Interests Children’s Law Podcast is sponsored by Ex Curia: Coaching & Consulting Pty Ltd, Meliora Psychology and Claudia Grimberg Lawyers.

Got questions, comments, compliments or something to add
to the discussion? We'd love to hear from you on our website.

In “The Importance of Being Well at Work” series we explore what it takes to maintain health and wellbeing when working in trauma saturated environments such as the children’s law jurisdiction.

In this episode we focus on the health and wellbeing of lawyers.

A lot of people attracted to law, particularly to social justice law, are passionate about their work, highly motivated and dedicated to bringing about just outcomes for their clients. But do they always know what they’re signing up for? These days we know a lot more about health and wellbeing within workplace settings than was known (or at least acknowledged) previously, but there does still seem to be a gap in knowledge when it comes to the specific impacts on lawyers who work in trauma saturated environments and what they might be able to do to protect themselves from some of the collateral damage.

Dr Carly Schrever – is a lawyer, psychologist and empirical researcher. Dr Carly has worked in and around the legal profession for twenty years. Since 2015 she has focussed specifically on judicial and lawyer wellbeing. Together with her colleague Sally Ryan, Carly established “Human Ethos” - a business that helps judges and lawyers find greater satisfaction and wellbeing in their work – both through individual services and/or tailored group and consultancy work.

Show notes:
Dr Carly Schrever’s PhD Research on judicial stress in Australia,

Human Ethos

Studies referred to in this episode, 

Occupations and the Prevalence of Major Depressive Disorder

Stress Levels Across The UK - Protectivity Insurance

Lawyering Stress and Work Culture: An Australian Study – UNSW Law Journal

Relationships between workplace characteristics, psychological stress, affective distress, burnout and empathy in lawyers

"What Makes Lawyers Happy? A Data-Driven Prescription to Redefine Prof" by Lawrence S. Krieger and Kennon M. Sheldon

The Status-Health Paradox: Organizational Context, Stress Exposure, and Well-being in the Legal Profession

Best Interests Children’s Law Podcast is sponsored by Ex Curia: Coaching & Consulting Pty Ltd, Meliora Psychology and Claudia Grimberg Lawyers.

Got questions, comments, compliments or something to add
to the discussion? We'd love to hear from you on our website.

Being involved with the child protection system can be a scary and daunting experience for families. Victoria Legal Aid’s “Independent Family and Advocacy support” [IFAS] was a pilot program created to assist those involved in the early stages of the child protection system by offering support, non-legal advocacy, and referrals for families to legal services and other supports if required. Several years down the track, the program is being rolled out across the State with noted benefits not just to parents and children involved in the system, but to the professionals who work with them as well.

Victoria Legal Aid’s “Independent Family and Advocacy support” [IFAS] was a pilot program created to assist those involved in the early stages of the child protection system. The program, originally fully funded by Victoria Legal Aid, was implemented to assess and demonstrate the efficacy of non-legal advocacy for families with the hope that families could be diverted away from the court system. The pilot ran from 2018-2021 in LGAs of Darebin and Moreland and suburban Melbourne and Bendigo and Ballarat and was so successful it attracted Victorian government funding until June of 2024. Some of the key findings of the Final Evaluation Study were that IFAS helped parents understand the child protection processes better, helped them speak up for themselves and stand up for their rights, supported them to express themselves in a way that improved communication with chid protection workers and ultimately helped them work cooperatively with child protection to support their children.

Given June 2024 is advancing upon us, the fate of the program at this stage is unknown but the hopes are that it will become a permanent fixture of the child protection system and be available to families Statewide.

In this episode we speak to Isla Swanston, lived experience consultant and Robyn Buchanan, the manager of Independent Family and Advocacy Support [IFAS] about their involvement in the program, what it has to offer and what we can expect from IFAS in the future.

Show notes:

Final Evaluation of Independent Family Advocacy and Support (IFAS) Pilot Final Report,

September 2021, Dr Chris Maylea, Lucy Bashfield, Sherie Thomas, Associate

Professor Bawa Kuyini, Professor Susie Costello, Dr Kate Fitt,

Meena Singh

Social and Global Studies Centre, RMIT University

https://www.legalaid.vic.gov.au/sites/default/files/2022-04/vla-final-evaluation-of-independent-family-advocacy-and-support_1.pdf

IFAS final evaluation summary, Victoria Legal Aid 

https://www.legalaid.vic.gov.au/sites/default/files/2022-04/vla-final-evaluation-of-ifas-summary.pdf

Independent Family Advocacy and Support https://www.legalaid.vic.gov.au/independent-family-advocacy-and-support

Best Interests Children’s Law Podcast is sponsored by Ex Curia: Coaching & Consulting Pty Ltd, Meliora Psychology and Claudia Grimberg Lawyers.

Got questions, comments, compliments or something to add
to the discussion? We'd love to hear from you on our website.

What is a ‘psychological parent’? Why is it all the rage at the moment and what potential implications can it have for litigation in the child protection jurisdiction?

Contemporary, sociological definitions of “parent” can include the notion of ‘psychological parent’ - where a person is not related to the child biologically or even by adoption but has formed a psychological bond with the child and, therefore, considers themselves (or, is considered to be) a parent of that child. Since the 2019 High Court decision of Masson v Parsons, the concept of ‘psychological parent’ has worked its way into the legal lexicon. Sometimes it’s uncontroversial, but at other times, the question of whether somebody is a parent or not can become a hotly contested space. This is particularly so in the children’s court jurisdiction where children removed from their parent’s care pursuant to court order and placed in the care of a foster carer or member of the family can over time develop strong bonds with that carer. So where does that leave biological parents in their often David & Goliath battle to get their children returned to their care? 

Sources: 

Joel Orenstein

https://www.orenstein.com.au/our-team/

Dr. Angela Delle-Vergini

https://mfpsychology.net.au

Children, Youth and Families Act 2005

https://content.legislation.vic.gov.au/sites/default/files/2023-10/05-96aa136-authorised.pdf

Masson v Parsons [2019] HCA 21 (19 June 2019)

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/2019/21.html?context=1;query=masson%20v%20parsons;mask_path=

Re: JH [2021] VChC 2

https://www.childrenscourt.vic.gov.au/file/re-jh-2021-vchc-2

Best Interests Children’s Law Podcast is sponsored by Ex Curia: Coaching & Consulting Pty Ltd, Meliora Psychology and Claudia Grimberg Lawyers.

Got questions, comments, compliments or something to add
to the discussion? We'd love to hear from you on our website.

High quality, healthy and happy carers lead to better mental health outcomes for children in out of home care but what support do we give carers to undertake their role and is there more we could be doing? 

There is no doubting there is a persistently growing population of children in out of home care. The community relies on carers – whether they be foster carers or kinship carers – to provide a safe, stable, supportive home for them. It almost goes without saying that having high quality carers who are happy and healthy will lead to better mental health outcomes for the children who are in their care, but research would suggest that the carer role itself brings with it a whole host of issues that detract from carer wellbeing, and this is likely to have implications for the children in their care. Moreover, as a community, we aren’t particularly good at supporting carers to undertake their role. In this episode we are fortunate to speak with Dr Josh Fergeus, who has undertaken a load of research in this area and whilst he doesn’t have all the answers – no one ever does – he knows better than most people what it takes to create a safe, stable and happy home for a child in out of home care.

Sources:

Dr. Josh Fergeus

https://www.joshfergeus.com.au/#overview

Charter for Children in Out of Home Care

https://services.dffh.vic.gov.au/sites/default/files/2017-05/Charter-for-children-in-out-of-home.pdf

Kevin Heinz Grow 

https://kevinheinzegrow.org.au

Best Interests Children’s Law Podcast is sponsored by Ex Curia: Coaching & Consulting Pty Ltd, Meliora Psychology and Claudia Grimberg Lawyers.

Got questions, comments, compliments or something to add
to the discussion? We'd love to hear from you on our website.

In 2021 the Victorian State Government proposed a suite of changes to the Children's Youth and Families Act, among them a 'no-fault' ground for statutory intervention which would allow the government to intervene when a child is at risk, regardless of whether a parent is at fault.

In this episode Helen Dale, children's law specialist, discusses some of the pros and cons of a no-fault ground for statutory intervention including whether it could promote a less adversarial approach to child protection litigation. Opinion is divided. Some say it will assist in the resolution of matters. Others remain concerned that a no-fault ground for statutory intervention will give the government even greater power over families and resulting in arbitrary intervention into what is recognised, at law, as the fundamental group unit of society.

Show notes:
This episode’s speaker is Helen Dale of Dale and Younis - https://www.daleandyounis.com.au

For the law nerds, this episode makes reference to: 

Victorian Charter of Human Rights

Children Youth and Families Act 2005 

Children, Youth and Families Amendment (Child Protection) Bill 2021
 

Recent supreme court authority: DE (a pseudonym) v Secretary of the Department of Families, Fairness andHousing [2021] VSC 691

Research for this episode was compiled by  La Trobe Law student Dana Popovic.

Best Interests Children’s Law Podcast is sponsored by Ex Curia: Coaching & Consulting Pty Ltd, Meliora Psychology and Claudia Grimberg Lawyers.

Got questions, comments, compliments or something to add
to the discussion? We'd love to hear from you on our website.

"In Conversation" is a parallel series where we invite lived experience speakers to come share our stories with us. 

In this episode, Leigh Pappos, lived experience advocate gives us insight into the impact her parent's drug use and itinerant lifestyle had on her as she was growing up. You may recall episode one when we interviewed Leigh about the evidence she gave at the Parliamentary Inquiry into Children Impacted by Parental Incarceration.  Leigh is living proof that those impacts are wide-reaching and very far from temporary.  Yet, in spite of that, she has a message of hope for all children and young people who find themselves in a similar situation. 

This is a not to be missed episode. 

Best Interests thanks all lived experience advocates who talk openly and courageously about their experiences for the benefit of others. 

Best Interests Children’s Law Podcast is sponsored by Ex Curia: Coaching & Consulting Pty Ltd, Meliora Psychology and Claudia Grimberg Lawyers.

Got questions, comments, compliments or something to add
to the discussion? We'd love to hear from you on our website.

"In Conversation" is a parallel series where we invite lived experience speakers to come share our stories with us. 

In this episode, Jeanie Dean, director of 'Safeguarding Solutions' talks to us about her challenging childhood and how it motivated her to dedicate her working life to the protection of children. She also talks about the real cost of trauma, the benefits of hiring and retaining lived experience people in the workplace,  and how to create safe work environments for them. 

This is a not to be missed episode. 

Best Interests thanks all lived experience advocates who talk openly and courageously about their experiences for the benefit of others. 

Best Interests Children’s Law Podcast is sponsored by Ex Curia: Coaching & Consulting Pty Ltd, Meliora Psychology and Claudia Grimberg Lawyers.

Got questions, comments, compliments or something to add
to the discussion? We'd love to hear from you on our website.