The Family Division of the Children's Court has jurisdiction in the State of Victoria to hear and determine applications for:

• interim accommodation orders
• a finding that a child is need of protection
• protection orders
• permanent care orders.
  

Interim Accommodation Orders

The first time a case comes before the Family Division of the Children's Court the magistrate will often, after hearing some preliminary detail, adjourn the case for a period and at the same time will make an interim accommodation order. The order covers the period of the adjournment and states where the child should live until the case comes back to court. The magistrate may decide that the child should live with a relative, in foster care, at home or somewhere else.

During the period of the adjournment, child protection workers from the Department of Human Services will talk further with the child and parents about the issues involved and will prepare a report for the Court about what they think should happen.

Protection Orders

The Court may make a protection order in respect of a child if it finds that:

• the child is in need of protection; or
• there is at the time a substantial and irreconcilable difference between the person who has custody of the child and the child to such an extent that the care and control of the child are likely to be seriously disrupted.
  

Types of Protection Orders

Upon finding that a child is in need of protection, the Court may make any one of the following protection orders:

• an order requiring a person to give an undertaking to the Court
  An undertaking may require a child, parent/s or person having custody to do, or not do certain things for a specified period. Once an undertaking is given the Department of Human Services has no further involvement with the child or family.
• a supervision order
  A supervision order gives the Department of Human Services responsibility for the supervision of the child for a specified period but does not affect the guardianship or custody of the child.
• a custody to third party order
  A custody to third party order gives custody of a child to a third party other than the Department of Human Services, a community service organisation, or the parent/s of the child for a specified period.
• a supervised custody order
  This order is the same as a custody to third party order except that the Department of Human Services has responsibility for the supervision of the child.
• a custody to Secretary order
  This order gives sole custody of the child to the Department of Human Services (the Secretary being the chief executive officer of the Department) but does not affect the guardianship of the child.
• a guardianship to Secretary order
  This order grants custody and guardianship of a child to the Department of Human Services (the Secretary being the chief executive officer of the Department) to the exclusion of all others. The order may be made for a period of up to two years.
• a long-term guardianship to Secretary order
  This order grants custody and guardianship of a child to the Department of Human Services (the Secretary being the chief executive officer of the Department) to the exclusion of all others. This order may be made in respect of a child who is of or over the age of 12 years. The order may remain in force until the child turns 18 or marries.
• an interim protection order
  The Court may make an interim protection order for a period not exceeding three months if it considers it to be desirable to test the appropriateness of a particular course of action before making a protection order. The Department of Human Services would usually have responsibility for the supervision of the child.

A protection order may continue in force after the child turns 17 years of age but ceases to be in force when the child turns 18.

Permanent Care Orders

A permanent care order grants exclusive custody and guardianship of a child to a suitable person other than the child's parent. The order may continue in force up until the child's 18th birthday.

The Court may make a permanent care order in respect of a child if the child's parent has not had care of the child for at least six months of the last 12 months, and it is satisfied that:

• the parent is unable or unwilling to resume custody and guardianship of the child, or
• it would not be in the best interests of the child for the parent to resume custody, and that
• the person to assume custody and guardianship of the child is a suitable person.
  

Depending on the circumstances of the case, appeals from decisions in Family Division cases are heard by either the County Court or the Supreme Court.