Family Law Tips Card No 3
Family and child
counselling means marriage counselling, child counselling or counselling
about any matter that arises out of proceedings under the Family Law Act
and that involves a parent or adoptive parent of a child, or children,
or a party to a marriage.
Family and child counselling
1. What is family and child counselling?
Family and child counselling is the name for counselling under the
Family Law Act. It covers any issues to do with your children and family
as well as marriage counselling. The Family Law Act encourages parents
to resolve disputes over their children through family and child
counselling instead of going to court.
2. When do I see a family and child counsellor?
Family and child counselling can take place at any time. It can assist
you to understand how your children are experiencing the situation
between their parents and within the family. It can be during a
relationship, during marriage, after separation or divorce or when you
re-marry. You can see a counsellor whether or not you have started court
action. Counsellors can help you work through emotional problems with
your spouse or partner or help you reach agreement about your parental
responsibilities. The earlier you see a counsellor, the more likely the
counsellor can help you. You can see a family and child counsellor alone
or with your spouse or partner.
3. How do I contact a family and child counsellor?
Family and child counsellors work in approved counselling organisations
and at the Family Court. You can contact one of the wide range of
community-based agencies funded by the Attorney-General's Department
through Centacare Australia, Family Services Australia Ltd, and
Relationships Australia (see contact numbers below). You can contact the
Family Court for information about what mediation/counselling services
they provide.
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4. Courts and family and child counselling
If you decide to go to court for a decision about your children, you can
still have family and child counselling from a community organisation or
the court counselling service at any time during legal action.
Generally, the court will not make a parenting order unless you have
seen a family and child counsellor or there are special circumstances.
A court can order you and your spouse or partner to see a family and
child counsellor at any time during legal action to discuss and try to
resolve differences about the care, welfare and development of your
children.
A court can also order a report by a family and child counsellor. If the
court orders a report, it can also order that you, your spouse or
partner and the children talk to the counsellor who is making the
report.
5. Is family and child counselling confidential?
Yes, family and child counselling is confidential. Under the Family Law
Act, anything said at a counselling session cannot be used as evidence
in any court. However, a family and child counsellor must report child
abuse and may report serious crimes or threats of violence to the
authorities.
For more information about family and child counselling, contact
Centacare Australia – 02 6281 1087
Family Services Australia – 1300 365 859
Relationships Australia – 1300 364 277
Family Court or Federal Magistrates Service
Family Law Hotline 1800 050 321
Family Law Online at familylaw.gov.au
There are eight tips cards in this Family Law series –
1. Children and family law
2. In the best interests of children
3. Family and child counselling
4. Family and child mediation
5. Parenting plans
6. Parenting orders
7. Family violence and the Family Law Act
8. Child abduction
You can order these cards by writing to the Family Pathways Branch,
Australian Government Attorney-General's Department, Barton ACT 2600.
You can copy these cards for educational purposes. Please acknowledge
the Australian Government Attorney-General's Department as the source of
the material.
Family Law series, no. 3.
Last Modified: Friday 14, November 2003
Family Law and Legal Assistance Division
Attorney-General's Department | Privacy Statement | Copyright &
Disclaimer
Robert Garran Offices, National Circuit, BARTON ACT 2600
Tel: (02) 6250 6666 Fax: (02) 6250 5900
ABN: 92 661 124 436
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