Fact Sheets and Resources

Permanent Carers

Permanent Carers

A permanent care order (PCO) usually gives you full custody and guardianship of a child. In the eyes of the law you are the parent wtih all rights and responsibilities to the exclusion of all others.

But what does that mean? There are many questions you may want answered along your journey as a permanent carer. Questions like:

• How does custody and guardianship work?
• Who can vary a PCO and for what reason?
• What happens if permanent carers separate or a permanent carer dies?
• Can a PCO be extended for disability or special needs?
• How do you access a child's historical information?
• Who has rights under the Freedom of Information Act?
• How do wills, inheritance and superannuation work?
• Can I get vital documents like passports or change a name?
• What financial responsiblity and assistance is there?

Please see our PCA Families Fact Sheet "Permanent Care Order" for answers to these many questions here. PCA Families "Applying for a Passport" Fact Sheet also has useful information here.

The most up to date sources of legislation and information about amendments are also available here.

Kinship Carers

Kinship Carers

For kinship carers, DFFH offers support here.

You can also contact the peak advisory body Kinship Care Victoria for help wtih various legal matters here.

In addition, the DFFH Care Support Help Desk can provide assistance with tracking vital documents where there has been child protection involvement. Contact details by region for the Care Support Helpdesk are available here. 

Adoptive Parents

Adoptive Parents

For adoptive parents, contact Adoption Victoria here.

Placement matching

Birth family contact is a requirement assessed during placement matching. The ability to exchange information with birth parents and a persons appreciation of the importance of contact with birth parents and family are prescribed matters to consider in placement matching.

Type of contact and frequency?

The Children Youth and Families Act, section 32, provides that:

• there should be contact with a child's parent up to four times a year in the first year, as a minimum frequency, with any additional contact by agreement
• there may be conditions about contact with siblings and other signficiant people in the childs life
• additional contact can be arranged by agreement if it is in the best interests of the child
• after 12 months, application may be made to the Childrens Court for additional or different contact arrangements
• in the case of an Aboriginal child, may include a condition incorporating a cultural plan for the child.

Contact refers to a visit at a place other than the childs usual place of residence or communication by phone, letter or other means, and can include overnight contact.

If a child has had frequent contact over a long period of time with their birth parents a Court would likely continue that or reduce the contact slowly over time. Kinship care arrangements often involve a greater amount of contact.

A carer may agree to additional contact if its in the best interests of the child. Where the carer believes the visits are not in the best interest of the child, a variation to the order can be applied for.

Is contact supervised?

Generally an order will prescribe that a carer can independently facilitate or supervise a child's contact with their birth parents.

Where contact is ordered to be supervised it will usually be at the parent/carers discretion. This enables the parent/carer to loosen restrictions over time if concerns subside or vica versa. Depending on the agency involved, some ongoing assistance and post placement contact may be provided.

The Childrens Court Services offer safe, neutral, child focused venues for supervised visits or changeovers should they be required. Find them here. Other suitable meeting spaces may include local council services (librarys often offer a meeting space), sporting venues (such as a tennis club) or playcentres.

Costs of contact

Additional costs of visitation where birth parents live far away should be dealt wtih when making the court order.  Where birth parents move away, they are expected to meet the costs to return to visit.  PCA Families may also be able to assist with a flexi funding application.

Changing a court order

Parents/carers, birth parents, the child or the Secretary of DFFH can apply to the Childrens Court to vary or revoke an order. 

Variations would be made where parents/carers do not facilitate contact at the frequency stipulated or where the contact is not supervised but there are significant concerns with such. The court order must be complied with until such time as a variation is made.

A child will also have separate legal representation from the age of 10 (unless they lack the maturity to do so).