SEPARATION SERVICES GUIDE for the Bendigo area
INTRODUCTION This guide has been designed to provide information to assist families who have separated or are separating. The guide includes information about support services and outlines when it would be appropriate to contact each service. The guide will assist families to navigate the various pathways available after separation.
It should be noted that this guide provides introductory material and should not be substituted for actual advice. Families are encouraged to make contact with the service to receive information particular to their circumstances.
ABOUT THE FAMILY LAW PATHWAYS NETWORK The Shepparton Bendigo Family Law Pathways Network is funded by the Australian Government through the Attorney General’s Department. Membership is open to any organisation or individual that provides services to separating families. The Network is inclusive and belongs to its members. The Network is auspiced by Centacare Sandhurst, who is the funds holder and appoints a project officer to facilitate the Network. The Network aims to improve the collaboration and coordination between organisations operating in the family law system in order to help separating and separated families obtain appropriate services.
When Do I Need…?
COUNSELLING AND SUPPORT Separation is one of the most emotionally traumatic processes a person can go through in their lives. We all need someone to talk to at some stage of our life and it’s often good if they are outside our situation. Counselling is generally the first port of call. Some services offer telephone appointments..
1 A counsellor will listen to you in a supportive and non-judgmental way and offer some suggestions in ways of dealing with your particular situation.
Counselling and mediation services are often vital to resolving disputes following separation. If you are having trouble dealing with the trauma of separation, it is advisable that you contact your nearest counselling service and book an appointment.
The following services provide counselling and support to families and individuals (for private practitioners, look under “Counselling” in the Yellow Pages section of your phone book, alternatively you could talk to your GP for a referral):-
Service Website Phone CatholicCare – www.CatholicCaresandhurst.org.au 5438 1300 Sandhurst Bendigo www.bchs.com.au 5430 0500 Community Health Bendigo District www.bdac.com.au 5442 4947 Aboriginal Co- operative Castlemaine www.cdchcastlemaine.com.au 5479 1000 District Community Health Centre Cobaw www.cobaw.vic.gov.au 5421 1666 Community Health Centre Lifeline www.lifeline.org.au 13 11 14 Men’s Line www.menslineaus.org.au 1300 789 978 Kid’s Help Line www.kidshelp.com.au 1800 551 800 Family www.familyrelationships.gov.au 1800 050 321 Relationship Advice Line Parentline – http://www.education.vic.gov.au/ 132 289 Victoria earlychildhood/parentline/ Parentline – New http://www.parentline.org.au/ 1300 1300 52 South Wales
Should you require support in regards to alcohol or drug use you could contact one of the following services for support Service Website Phone Castlemaine www.cdchcastlemaine.com.au 5479 100 District Community Health Centre The Salvation http://salvationarmy.org.au/SALV/LAN 9521 2770 Army Bridge DING/NVDBRIDGE.html Program Bendigo www.bchs.com.au 5430 0500 Community Health Services 2
FAMILY DISPUTE RESOLUTION (MEDIATION) Reaching an agreement about children or property can be difficult following separation. If you are having difficulty discussing issues with your former partner, mediation (Family Dispute Resolution) may be of assistance.
Family Dispute Resolution (FDR) is a process in which a trained and independent mediator assists separated families to discuss issues in relation to children, property and other matters. The Mediator helps the parties to explore and negotiate their options in an effort to reach a mutual and lasting agreement. Mediation is often less expensive, time consuming and confrontational than going to Court.
FDR has become an established part of the family law system and it is now mandatory for separated parents to attempt mediation before seeking court orders in relation to their children (subject to certain exceptions, eg. where there has been family violence or child abuse).
FDR is offered locally through the Family Relationship Centre, Roundtable Dispute Management (where a party is eligible for Legal Aid) or private practitioners. If you are seeking mediation you should contact each Service for further information.
See below for contact details (for private practitioners, look under “Mediators” in the Yellow Pages section of your phone book):-
Service Website Phone Shepparton Family www.familyrelationships.gov.au 5438 1300 Relationship Centre – Bendigo Outreach Victoria Legal Aid – www.legalaid.vic.gov.au 5448 2333 Bendigo Office
Family Relationship www.familyrelationships.gov.au 1800 050 321 Advice Line
LEGAL ADVICE All separated parties should consider getting legal advice to help understand their rights, responsibilities and options. Even where court action is unlikely, legal advice can still play an important role in helping parties reach fair and lasting agreements.
Legal representation is provided by a range of legal organisations and private practitioners. All parties should be able to obtain some preliminary legal assistance free or at minimal cost, with ongoing representation being dependent upon the nature of the case and the circumstances of the parties.
There are many legal services that offer free legal advice in person or over the phone. See below for contact details:-
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Service Website Phone Loddon Campaspe http://www.lcclc.org.au 1800 639 121 Community Legal 5444 4364 Centre
Family Law Hotline 1800 050 321 Victoria Legal Aid www.legalaid.vic.gov.au 1800 677 402 Women’s Legal http://www.womenslegal.org.au/ 1800 133 302 Service VIC Aboriginal Legal http://vals.org.au/services/family-law 1800 064 865 Service VIC
Private law firms will also be able to provide legal advice for payment of their professional time. The local family lawyers are listed in the Yellow Pages section of your phone book under “Solicitors”. The Law Institute of Victoria will also refer you to a Family Law Solicitor, www.liv.asn.au (Victoria).
Who Can I talk to about…?
CHILD WELFARE Welfare concerns about children can include child abuse, neglect, sexual abuse, truancy, exposure to danger, lack of nutrition, and others. If you have a belief that a child’s welfare is in danger, then you must notify the child protection authority in your State. Please see a list of contacts below who may be able to assist you if you have concerns about the welfare of a child:-
Service Website Phone Department of Human www.dhs.vic.gov.au 5434 5555 Services – Loddon Mallee Region Child Protection Crises 131 278
4 Line (VIC) – 24 hours Child FIRST (VIC) 1800 705 211 Kids Helpline www.kidshelp.com.au 1800 55 1800
HELP WITH HOUSING Following separation many people find themselves without a place to stay until they can arrange their own housing. If you find yourself in need of housing there are many organisations that can help. Crises accommodation is provided for persons and families who are in need of urgent temporary accommodation. Most of these organisations can also refer you to other services that provide longer term accommodation. Please see contact list below:-
Service Website Phone Haven; http://www.havenhomesafe.org.au 5444 9000 Home, Safe Centre for http://www.cnv.org. au 1800 884 038 Non Violence 5430 3000 St Lukes www.stlukes.org.au 5440 1100 Anglicare (up to 25 years old) Office of www.housing.vic.gov.au 1800 645 329 Housing Victoria – Loddon Mallee Region Homeless 1800 825 Crisis Line 955
DOMESTIC VIOLENCE If there has been a recent incident of violence then the Police should be contacted first. If a person is in fear of violence then they should contact their nearest legal service for legal advice. Support and counselling options are also available. Please see the contact list below:-
Service Website Phone Bendigo Police 000 or 5448 1300 Loddon Campaspe http://www.lcclc.org.au 1800 639 121 Community Legal 5444 4364 Centre
Victoria Legal Aid www.legalaid.vic.gov.au 1800 677 402 Centre for Non http://www.cnv.org.au 1800 884 038 Violence 5430 3000 Loddon Campase www.casalc.com.au 5441 0430 Centre Against Sexual Assault
5 Domestic Violence 1800 015 188 Line Counselling Service (VIC) 24 hours National Sexual 1800RESPECT Assault, Family and 1800 737 732 Domestic Violence Counselling Line Centre for Non http://www.cnv.org.au 1800 884 292 or Violence- Men’s 5434 4100 Behaviour Change Program
CHILD SUPPORT Every parent is responsible for financially supporting their children whether they live with the other parent or not. The key components of the child support formula include both parents income, the costs of raising children of different ages and the contribution a parent makes towards the costs through direct care. For more information about your specific circumstances please contact the Child Support Agency. If you require legal advice you should contact the Child Support Legal Aid Service in your State or talk with a family lawyer. See below for contact details:-
Service Website Phone Child Support Agency www.csa.gov.au 131 272 Child Support Legal Service VIC 1800 677 402 Youth - Child Support Agency www.youth.csa.gov.au
HELP WITH MONEY Many people experiencing separation find themselves in financial difficulty and often need a little money to help them get back on their feet. There are some support services that can help with donations as well as government departments that can issue urgent grants, loans and advanced benefit payments. Please see contact list below:-
Service Website Phone Centrelink (Family www.centrelink.gov.au 136 150 Assistance Office) St Lukes Anglicare www.stlukes.org.au 5440 1100 (Financial Counseling)
Salvation Army Uniting Care www.ucarebgo.com.au/ 5443 4972
PARENTING Separation or divorce does not normally end your involvement and responsibility as a parent. Children need the continuing affection and support
6 of both parents. This will require cooperation with your former partner which may not always be easy.
Programs are available to enable parents to reflect on their experiences and gather information in a supportive environment. Programs such as these assist parents to understand the impact of separation on themselves and their children and to deal with the issues of building working relationships between parents so that the focus is on the best interests of the children. Parents can also access information about issues of child behaviour and ages and stages of child development.
Fairgrounds Contact Service provides a safe, neutral and child friendly environment for changeovers and supervised contact visits so that children are not exposed to ongoing parental conflict. See below for service contact details:-
Service Website Phone Fairgrounds 5440 8490. Contact Centre CatholicCare (Post www.CatholicCaresandhurst.org.au 5438 1330 Separation Parenting Programs) Shepparton Family www.CatholicCaresandhurst.org.au 5438 1300 Relationships Centre – Bendigo Outreach Castlemaine www.cdchcastlemaine.com.au 5479 1099 District Community Health Centre Family 1800 050 321 Relationship Advice Line Parenting and 1300 365 859 Relationships Helpline Parentline http://www.education.vic.gov.au/ 132 289 earlychildhood/parentline/
MOVING INTERSTATE Every person has the right to move freely throughout Australia as provided in the Constitution. If the person wishing to relocate has children then legal advice is strongly recommended before any move. You should note that a Court is able to order that the children be returned to their place of origin in some circumstances. Contact your nearest legal service or private solicitor to arrange an appointment. (see “When Do I Need…Legal Advice?” for a list of services who offer legal advice).
PROPERTY Following separation, it is necessary for the property that has been accumulated jointly to be divided between the parties. If there is any
7 significant property, it is essential that each party obtain legal advice. Knowing your entitlement and rights is essential to enable an agreement to be reached. Contact your nearest legal service or private solicitor to arrange an appointment (see “When Do I Need…Legal Advice?” For a list of services who offer legal advice).
The Shepparton Family Relationship Centre provides Family Dispute Resolution services for property matters as well as children’s matters (see “Mediation” for contact details).
GOING TO COURT Going to court should always be a last resort but if it is absolutely necessary then obtaining legal advice is essential. Contact your nearest legal service or private solicitor to arrange an appointment (see “When Do I Need…Legal Advice?” for a list of services who offer legal advice). The Family Court of Australia and Federal Magistrate’s Service (Family Law Courts) website also has some useful information about going to Court. See below for more details:-
Service Website Phone Family Law Courts www.familylawcourts.gov.au 1300 352 000 Federal Magistrates www.fmc.gov.au/ 1300 352 000 Court
What If I Reach An Agreement About…
OUR CHILDREN Most parents who have separated reach their own verbal agreements about which parent their child will live and spend time with. It is not necessary to have a formal agreement in most situations, but if the parties feel that they require something in writing then they have two options:-
Parenting Plans A parenting plan is a written agreement, which is signed by the parents. A parenting plan is not legally enforceable and is different from a parenting order, which is made by a court. Various mediation services help parties draft parenting plans after an agreement is reached.
Consent Orders Court Orders can be made by consent by filing an application with the Family Law Court. A Consent Orders Kit (Do it yourself kit) can be obtained at www.familylawcourts.gov.au. The kit contains the required forms and instructions.
If you have any difficulties in reaching an agreement you should try mediation. If mediation does not help you to reach an agreement, then it may be necessary to get some legal advice.
OUR PROPERTY If parties can reach an agreement on their own about the distribution of the property it will save them time, money and distress. It is important to ensure
8 that you have obtained legal advice and given full disclosure of all assets prior to reaching any agreement. The parties are advised to file an agreement with the Court by completing a Consent Orders Kit. The kit is available at www.familylawcourts.gov.au. It is advisable to engage a lawyer to draft the Consent Orders if there is significant property. See “When Do I Need…Legal Advice?” for a list of services who offer legal advice.
CHILD SUPPORT A child support agreement offers parents a flexible way of arranging child support. You can ask the Child Support Agency (CSA) to accept your agreement and collect and transfer the payments for you, or you can make private arrangements. There are some conditions that must be met before CSA can accept a child support agreement and parties must always seek legal advice before reaching any agreement for lump sum Child Support. Please contact CSA for further information.
Service Website Phone Child Support Agency www.csa.gov.au 131 272 Child Support Legal 1800 677 402 Service VIC
The Shepparton Bendigo Family Law Pathways Network would like to acknowledge the Albury Wodonga Family Law Pathways Network for permission to reproduce the material provided in this guide.
Last updated on 13 April 2012. Contact [email protected] for more information or to make amendments.
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