Guideline 1 – child involved in a case in the Family Division of the Children’s Court
Guideline 1 – child involved in a case in the Family Division of the Children’s Court
Victoria Legal Aid (VLA) may make a grant of legal assistance to a child who is the subject of an application in the Family Division of the Children’s Court if the child is considered to be mature enough to provide instructions.
How does VLA assess the child’s maturity?
Children who are 10 years old or more
VLA will generally consider that a child aged ten or older is mature enough to give instructions.
Children who are less than 10 years old
VLA may provide assistance to a child under ten where:
- a Judicial officer considers the child is mature enough to provide instructions and refers the matter to VLA; and
- VLA considers it appropriate to provide assistance for the child.
VLA does not apply the means test to:
- the child
or - any financially associated person of the child.
Where a court makes an order under s524(4) of the Children, Youth and Families Act 2005 that it is in the best interests of a child under the age of 10 to be legally represented, VLA's Assignments Division will process and allocate a grant of assistance to a Victoria Legal Aid practitioner or a practitioner on VLA's s29A Family Law Panel.
Documentary requirements
Applications for children who are less than 10 years old must be referred to VLA for determination.
Application form signature
As a formality, a child should make their mark on an application for a grant of legal assistance.
Simplified grants assessment process
Lawyers seeking a grant of legal assistance via the simplified grants assessment process must submit an application via ATLAS, only after ensuring that the following documents are retained on file (unless they are requested by VLA for assessment):
- a copy of any protection, breach, variation or irreconcilable differences application
- a copy of any report
- an indication of the orders sought by the parties
- copies of any orders made.
Lawyers are also encouraged to complete a Children's Court (Family Division) worksheet for their file.