Navigating Recent Legislative Change, Court Orders, Rights, Obligations and Domestic Violence Concerns
Date | 29 February 2024 |
Time | 12.00pm-3.00pm AEDT (Syd / Melb time) |
Format | Live Online & Recorded - recordings available for viewing until 30 March 2024 after which access expires |
Pricing | Webinar Pricing: $255 Price includes GST |
Sector | All Schools |
PD | Addresses 7.2 of the Australian Professional Standards for Teachers |
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Program
12.00 LawSense Welcome
12.05 Chairperson’s Introduction
Jane Macneil, Company Secretary, Yarra Valley Grammar School
12.15 Understanding and Interpreting Family Court Orders and DVO’s/AVO’s/IVO’s, Including the Impacts of the Family Law Amendment Act 2023
- Outlining how Family Court Orders can dictate:
- the obligations of parents, including consequences of non- compliance
- school obligations
- Examining legislative changes including those regarding:
- the making and varying of parenting orders and what is considered
- removal of the presumption of equal shared parental responsibility
- enforcement of parenting orders
- introduction of ‘harmful proceedings orders’
- requirement for Independent Children’s Lawyer (ICL) to meet with a child and give the child an opportunity to express a view
- Understanding and interpreting Family Court Orders and parenting agreements including:
- Interim Orders
- Final Orders
- the difference between Family Court Orders and Parenting Plans
- orders regarding parental responsibility and living with/spending time with one parent or the other
- responsibility for day-to-day and longer-term decision regarding the child
- understanding parent rights and responsibilities where there are no court orders or any written agreement/arrangement
- Learning from examples of different Court Orders and Parenting Plans
DVO’s, AVO’s IVO’s and Other Orders
- Understanding the different types of apprehended or domestic violence orders and key provisions to be aware of
- Inconsistency between Family Court and Domestic/Apprehended Violence Orders – which orders take precedence?
- Learning from examples of different Orders
Wendy Kayler-Thomson, Founding Partner, Forte Family Lawyers
1.15 Break
1.30 Effectively Managing Separated Parents in Schools: Navigating a School’s Obligations in Practice and Learning from Case Studies
- Outlining key laws and duties applying when dealing with separated parents and families including duty of care, privacy, enrolment contract and court orders
Changes Schools Should Make in Response to Legislative Amendments
- Practical impacts on schools of proposed amendments to the Family Law legislation
School Obligations – Court Orders, Parents and Families in Conflict
- Managing your obligations:
- understanding a school’s obligations to seek information about Court orders
- following Court Orders
- dealing with drop-offs and handovers; what if a student does not wish to go with a parent, despite Court Orders?
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- managing conflict:
- between parents (on or outside school grounds)
- between families
- from new partners and in blended families
- managing conflict:
- Understanding the extent to which you should investigate and act
- Parents attending school or activities in breach of parenting arrangements, Family Court, or other Orders – what should you do?
School Obligations – Providing Information to One Parent or the Other
- Examining factors dictating what information can be provided to a parent or withheld from a parent
- Understanding the role of the students wishes/consent:
- when should student consent be sought in releasing information to parents
- when do student wishes about parent information access override parent requests
- understanding how student wishes should be documented where information is going to withheld from one parent or another
School Obligations – Providing Information to Non-Parents
- Understanding rights and obligations in providing information to:
- step-parents or grandparents; should you pass on messages to the student from grandparents?
- lawyers for the parent or Independent Children’s Lawyer
- family professionals providing reports, including Family Report Writers
School Obligations – Domestic Violence / Coercive Control Suspicions and Information Received
- Exploring domestic violence and coercive control and how it may manifest in schools
- Understanding your duties where:
- you suspect domestic violence or coercive control regarding a staff member or parent – to what extent should you make enquiries/investigate?
- staff or parents provide information or make allegations related to domestic violence or coercive control
- Conducting risk assessments regarding domestic violence or coercive control following suspicions, information or evidence
Ben Tallboys, Principal, Russell Kennedy Lawyers; Legal Consultant to Association of Heads of Independent Schools of Australia (AHISA)
2.55 Chairperson’s Conclusion
3.00 Event Close
Presenters / panelists include: