Victorian Consolidated Legislation

Family Violence Protection Act 2008 - SECT 62

Legal representation of a child who is not applicant or respondent

62. Legal representation of a child who is not applicant or respondent



(1) If the affected family member in the proceeding is a child and is not the
applicant, the child may have legal representation in the proceeding only if
the court, on its own initiative-

   (a)  considers it appropriate in all the circumstances of the case; and

   (b)  gives leave for the child to be represented.

(2) In deciding whether to grant leave under subsection (1), the court must
have regard to the following-

   (a)  the desirability of protecting children from unnecessary exposure to
        the court system;

   (b)  the harm that could occur to the child and to family relationships if
        the child is directly represented in the proceeding.