Guideline 1.1 – advice and negotiation for adults in parenting disputes

Guideline

Victoria Legal Aid (VLA) may make a grant of assistance to an adult for advice and negotiation in a parenting dispute where:

1. the person does not have an existing grant of assistance relating to the current dispute

and

2. the lawyer considers that the dispute may be resolved through advice, negotiation and exchange of letters

and

3. the following threshold tests are met:

• forum test
• substantial issue in dispute test
• Commonwealth merits test (see also Parenting disputes where the person is in custody)
• means test
• contravention test

and the person is either

4. a family law priority client
   or
5. is involved in a parenting dispute where:
   1. allegations have been made that indicate there is a risk to the wellbeing and/or safety of the child from being subjected or exposed to abuse, neglect or family violence
      or
   2. the child’s ability to maintain a meaningful relationship with one or both of their parents (or, where the person seeking assistance is not a parent of the child, with that person), will be substantially prejudiced by the proposals or conduct of a party to the dispute
      or
   3. there are allegations that there is, or has been, a risk of family violence. The person alleged to be the victim, as a family law client, and the person who is alleged to be the perpetrator of the family violence are both included in this definition.

Other mandato ry requirements

As well as the requirements set out in Guideline 1.1, additional criteria apply in the following circumstances:

Where a party is not a parent of the child

Legal assistance in parenting matters is most commonly granted to one or both of the parents of the child. Where the person is not a parent of the child, VLA must also be satisfied that:

• the person is significant to the care, welfare, and development of the child
  and/or
• it is in the best interests of the child for the person to be granted legal assistance in relation to the dispute.

In determining the best interests of the child, where there are state child protection orders in place or child welfare proceedings on foot, we may grant assistance to a person who is not a parent of the child where the orders or proposed orders are in favour of that person.

Discharge or vary orders

Where the person is applying for assistance to discharge or vary existing parenting orders, there must also have been a significant change in circumstances since the parenting order was made.

If the significant change in circumstances has been caused by the applicant, VLA will consider the circumstances surrounding that change in deciding whether it is appropriate to make a grant of legal assistance to the applicant.