Best Interests of the Child: What You Need to Know
In all family court matters involving children, the best interests of the child are paramount when making decisions and court orders. This includes the creation or modification of parenting orders. Even in custody disputes, the child's best interests take precedence.
Supervised Contact
Under Australian legislation, specifically Section 60CC of the Family Law Act (1975), the primary consideration is ensuring the child has a meaningful and healthy relationship with both parents while safeguarding the child from potential harm. Supervised contact is one way to ensure the child's safety and protection.
Role of a Supervisor
Supervisors play a crucial role in ensuring the child's safety during supervised contact with a parent. They are required to stay with the child at all times and have the authority to intervene or end the supervised visit if the parent's behaviour upsets the child. Supervisors must always maintain visual and auditory contact with the child and be aware of their location. They may also report to the court on the supervised visits and communicate with the child’s independent lawyer if one is appointed.
Requirements for Supervisors
Supervisors must pass a criminal background check and a Working With Children check. They should undergo ongoing professional development covering family law, child development needs, child protection, and domestic violence. Supervisors must not have any current or past court orders related to child safety and must have no history of child safety violations. The court relies on supervisors to ensure the child's safety during supervised contact sessions.
What Are Child Contact Centres?
Child Contact Centres are designed to promote the child's safety and welfare during visits and changeovers. These centres facilitate interactions between the child, parents, siblings, and other family members such as grandparents, aunts, and uncles, ensuring safe and conflict free visits. They support the child's independent relationship with each parent and family member while minimising exposure to unsafe situations.
The following services are provided by Brisbane Children's Contact Centre in accordance with the new Family Law Act amendments of 2024 for the Federal Circuit and Family Court of Australia (FCFCOA).
Intake Assessments
Intake procedures include separate interviews with both parents before the first visit. During these interviews, the provider will gather identifying information and complete a signed agreement with both parties.
Supervised Visitation
Supervised visitation involves face-to-face contact between a parent and a child under the immediate supervision of a court approved individual. This supervision ensures prevention of physical abuse, threats, intimidation, abduction, or humiliation of either the abused parent or the child. The goal of supervised visitations is to provide a structured, safe, and comfortable environment for the child to maintain contact with their parent.
Supported/Monitored On-Site Visits
For supported or monitored onsite visits, the assessment process is documented before the provision of any service.
Off-Site Supervised Visitation
Off-site supervised visitations allow for contact between the parent and one or more children in the presence of a neutral third person at a court approved location agreed upon by both parents. Examples include parks, playgrounds, cafes, restaurants, shopping centres, or libraries.
Supervised Changeover
Supervised changeovers facilitate the transfer of the child/ren from the custodial parent to the non-custodial parent for unsupervised visits, ensuring that the parents do not come into contact during the exchange.
Telephone/Video Call Monitoring
If allowed by the court, visitations can occur over the phone or via Skype. A supervisor will be present on the call to ensure compliance with all rules and regulations.
Child Orientation & Familiarisation Sessions
These sessions help children become familiar with the centre’s resources, amenities, staff, and procedures.
Subpoenaed Documents
Supervisors are required to keep detailed records for each case, including documentation of each contact and visit, attendance, and any non-compliance with visitation terms. Subpoenaed documents are available upon court request only.
Circle of Security Parenting Program
The foundation of our beliefs at Brisbane Children's Contact Centre is built upon the Circle of Security Parenting Program, which is an integral part of our supervised visitations. Parents attending supervised visits will receive continued training free of charge.
Family Dispute Resolution
The Family Law Act (1975) mandates that individuals with disputes regarding parenting matters must attempt Family Dispute Resolution (FDR) mediation before applying for parenting orders in family court. Certain exemptions to this requirement may be accepted by the Court under specific circumstances. Legal representatives can provide further details. The centre does not offer mediation services.
Child Psychologist
A psychologist specialising in children, youth, parenting, trauma, and attachment is available. Bulk billing is available with a referral.