The Law Handbook 2024

Chapter 2.2: How legal aid can help 67 Where the case manager decides it is appropriate, and all parties agree, the FDRS can arrange for children to speak to a qualified child consultant before a conference takes place (at the FDRS, this is called the Kids Talk program). Children do not attend conferences. The FDRS does not provide childcare. Confidentiality All discussions that take place with the case manager or during the conference are confidential and cannot be used as evidence in court. It is a serious offence to disclose any confidential information from the family dispute resolution process to any other person or body, including a court, and penalties apply. This does not apply where the FDRS: • is concerned a child has been abused or is at risk of harm; • believes that there is a risk of harm to a person or to their property; • becomes aware of a fraud or criminal act. Safety Tell FDRS staff if you are worried about your emotional or physical safety. If you are attending the conference in person, you will not be forced to be in the same room as the other party. You could be in a different room and the FDRS can arrange for you and the other person to arrive and leave the conference at different times so you do not see each other. If the conference is being conducted via video conference, you will not need to see or hear the other party. Video conferencing allows you to see and hear your lawyer (if you are not in their office) and the chairperson. The FDRS will only book a conference if it safe to do so. Your case manager will: • help you to develop a safety plan for the confer- ence, so that you feel safe and protected; • give you information and resources to help you make decisions about your physical and emotional safety. Outcome If your dispute with the other party is related to parenting issues, and you and the other party reach an agreement at the FDRS, you may make a parenting plan, which is a signed and dated document setting out your agreement. Or, a lawyer with a grant of legal aid can apply to turn any agreement (on child-related or financial issues) into a court order (so you can obtain a court order without going to court). Even if you and the other party do not reach an agreement during the conference, you may still have narrowed the issues in dispute. This may enable negotiations to continue or, if you do go to court, reduce the time, cost and stress of the court process. Independent Family Advocacy and Support What is IFAS? VLA’s Independent Family Advocacy and Support (IFAS) service ( www.legalaid.vic.gov. au/independent-family-advocacy-and-support) provides non-legal advocacy to parents and primary carers involved in the child protection system at the early stages. Their advocates work with you to identify what you need and how to get there, and support you to understand your rights and responsibilities in the system. IFAS is independent, confidential, free and voluntary. It is not a legal service but can refer you to get legal advice, or other support, if you need it. IFAS can: • give you information and support to help you understand and act on your rights and responsi- bilities; • listen to what you want and talk about your options; • help you understand your situation and what you may need to do; • work with you so you can have your say; • speak directly to other professionals on your behalf; • refer you to helpful and culturally safe services, if you need them. Who is eligible? You may be eligible for the service if you: • are a primary carer/parent of an Aboriginal or Torres Strait Islander child, or a primary carer/ parent with intellectual disability; • are involved with child protection;