The FCAV encourages carers to seek information from their agency about case direction and the recommendations of the Department of Families, Fairness and Housing when a matter is before the Children’s Court. It is not recommended or necessary for a carer to become party to proceeding unless the Department’s recommendation to the court is contrary to the carer’s view. This view should be based on concerns or information which you believe have not been considered or investigated.
It is important to clearly communicate your intention to apply to become a party to proceedings and to have the support of your agency for this. You should also advise DFFH of your application.
Section 522 of the Children, Youth and Families Act 2005 addresses the procedural guidelines to be followed by the Court including applications to be joined to the proceedings. The court must allow “as far as practicable” a person who has a “direct interest in the proceedings” to fully participate in the proceedings.
What this means is that a carer or any other person with an interest in the child can apply to be made a party to proceedings. Prior to attending the Court, it may be helpful to contact the relevant registry staff where the matter is being heard to seek advice re your application.
Attend Court (before 9.30am) on the day the matter will be heard
Go to the information desk (or duty solicitor) and state that you wish to be made a party to proceedings. You will be directed to a clerk who will take your details and lodge your request with the Court.
The Magistrate will call in all parties (including the carer) in the matter of ‘the child’. Once everyone is present, the Magistrate will ask the other parties if anyone has any objections to you being made a party to the proceeding. The Magistrate may also ask you to clarify why you wish to be made a party to the proceedings.
If you have sound reasons as to why you are an interested party (i.e. current carer of the child(ren)/ young person) you will rarely be refused.
Once you are a party you are entitled to copies of the Court Report and Court Orders. The Court will give you time to review this information before proceeding any further.
