Can a parent contact a lawyer for their child?
At Elysian Law, many of our protection order and child custody clients first came to us because a parent called or booked online for them. This guide explains how that works, who the client is, and how you can help.
Your child may be dealing with domestic violence, have been served with a Domestic Violence Order (DVO) application, or be in a dispute about their own children. Either way, you can make that first contact for them.
- Why parents contact us
- How the process works
- Who is the client?
- Can parents pay their child's legal fees?
- Can a parent apply for a protection order for their child?
- What if my child has been served with a DVO?
- What about child custody matters?
- How parents can help
- Noosa, Gympie and Maroochydore
- Case study: a mother's after-hours enquiry
- Frequently asked questions
Why parents contact a lawyer for their child
Often the person at the centre of it is busy at work, exhausted, frightened or simply too overwhelmed to make the call. That is where a parent can make a real difference.
Common reasons parents call us
- Their son or daughter works long hours and cannot call during business hours.
- The situation has become overwhelming and their child does not know where to start.
- Their child has been served with a DVO application or a Police Protection Direction, and the court date is coming up.
- They are worried about their child's safety and want to know the options.
- Their child has separated and needs advice about their own children, often the parent's grandchildren.
- Their child lives in another town and the parent is helping to organise support.
It is nothing to be embarrassed about
Asking for help is not a sign of weakness. Legal problems involving family violence or children are some of the most stressful things a person can face.
A parent who reaches out is not taking over. They are opening the door so their child can get the right advice sooner.
Does this apply to adult children?
Yes. When we say "child", we include adult sons and daughters in their twenties, thirties or older.
Being an adult does not mean you stop needing your family's support. That is especially true during a domestic violence or parenting dispute.
How the process works
- You call us or book online. You do not need your child's paperwork to get started.
- You give us the key details. We take your child's name and contact details, a short outline of what is happening, any court dates and the best times to reach them.
- We speak with your child. We contact your child directly and book a confidential phone or video appointment at a time that suits them. If your child wishes, you and other family members are welcome to join.
- We send a welcome email and costs agreement. This explains who we are, what happens next and what it will cost.
- We act on your child's instructions. From there, we give advice, prepare documents and represent your child in court if needed.
Who is the client?
Your child is always our client. That stays true even if you made the first call and even if you are paying the fees.
| As the parent, you can | As the parent, you cannot |
|---|---|
| Make the first call and give us your child's details. | Give us instructions about your child's case. |
| Join meetings if your child wants you there. | Get confidential information unless your child agrees. |
| Pay the legal fees and sign the costs agreement. | Make decisions for your child about their matter. |
| Come to court as a support person. | Speak to the other party for your child. |
You can be as involved as your child is comfortable with. Some clients want a parent at every meeting, while others prefer to keep their parents updated themselves.
Your child can change their mind about how involved you are at any time.
Can parents pay their child's legal fees?
Yes, and it is easy to arrange. Many parents choose to pay their child's legal fees.
Under section 322 of the Legal Profession Act 2007 (Qld), a law practice can make a costs agreement with a third party who pays the costs. When you pay, the costs agreement is in your name, but your child is still the client.
- We explain the costs clearly before any work starts.
- Paying the fees does not let you give instructions on the matter.
- Paying the fees does not give you access to confidential information, unless your child agrees.
Can a parent apply for a protection order for their child?
Sometimes. Under section 25 of the Domestic and Family Violence Protection Act 2012 (Qld), only certain people can apply for a protection order.
| Who can apply | What it means |
|---|---|
| The aggrieved | The person experiencing the violence. This is usually your son or daughter. |
| An authorised person | An adult the aggrieved has authorised to apply for them, usually in writing. This can be a parent. |
| A police officer | Police can apply after attending an incident. |
| A person acting under another Act | For example, a guardian or an attorney under an enduring power of attorney. |
If your child is under 18
Young people under 18 can only seek a DVO in some relationships, such as against a boyfriend or girlfriend. They cannot get a DVO against a family member, like a parent or sibling.
The rules for young people are different, so please call us to talk through the options.
In most cases, it is best for your child to speak with a lawyer first. We can advise on whether to apply, who should apply and what evidence will help.
What if my child has been served with a DVO application?
Do not let it be ignored. A DVO application has a court date, and if your child does not attend, the court can decide the case without them.
If the court does not set an end date, a protection order lasts five years. It can affect employment, firearms licences, blue cards and family law parenting matters.
Your child's options
- Consent without admissions. They agree to the order without admitting the allegations.
- Negotiate the conditions. They agree to an order but ask for conditions that work, for example around children.
- Contest the application. They oppose the order and the matter goes to a hearing.
Early advice gives your child the best chance of a good outcome.
What about child custody matters?
Parents also contact us when their son or daughter has separated and there is a dispute about the children. People often call this "custody", but the Family Law Act 1975 (Cth) talks about parenting arrangements and parenting orders.
Where the children live, how much time they spend with each parent and how big decisions are made all depend on what is in the children's best interests.
How protection orders and parenting matters overlap
- The court must think about the children's safety first.
- Any history of family violence, and any family violence order, must be considered.
- A DVO can affect how handovers happen and how parents talk to each other.
- Since May 2024, there is no presumption that parents share major decisions equally.
Getting the right advice early on both issues can make a real difference.
What if you are a grandparent?
You can make the first call, but your son or daughter is our client and we act on their instructions. Grandparents can also apply for parenting orders in their own right.
If you want time with your grandchildren yourself, tell us at the start. That may be a separate matter in your own name.
How parents can help
- Listen without judgment and let your child make their own decisions.
- Help them write a timeline of events with dates.
- Help them gather documents, messages and photos.
- Help them keep track of court dates and appointments.
- Do not contact the other party about the matter, as this can make things worse.
- Offer to come to court as a support person, if your child would like you there.
Protection orders and child custody in Noosa, Gympie and Maroochydore
Elysian Law helps with protection order and child custody matters across Noosa, Gympie, Maroochydore and the wider Sunshine Coast. We have an office in Noosa and act for both aggrieved persons and respondents.
Domestic violence applications in this area are often heard at the Noosa, Gympie and Maroochydore Magistrates Courts.
We also advise on parenting arrangements, help negotiate agreements and act in parenting proceedings. If your child lives further away, we offer phone and video appointments.
A mother's after-hours enquiry
Protected within days of a parent's online enquiry
Queensland law bans publishing anything that could identify people in domestic violence proceedings. That is why we cannot share names or identifying details.
The background
Outside business hours, a mother filled in our online enquiry form after a serious incident involving her adult daughter. Her daughter had left a violent relationship, but her former partner kept threatening her and other family members.
She did not feel safe at home.
How we helped
We knew the family needed peace of mind quickly, so we arranged a free online meeting at the first available time. We spoke with the parents and their daughter together and explained the options and next steps.
Our client was the daughter, and we acted on her instructions throughout.
The outcome
Within days, we filed an application for a protection order with an affidavit and supporting evidence. The court made a temporary protection order before the respondent was served.
Its conditions protected our client and her family members. They included no contact and not approaching or locating them.
What this means for you
- A parent's after-hours enquiry was the first step to protection within days.
- With protection in place, our client could make a police complaint when she felt ready.
- You do not have to wait for business hours to reach out.
Frequently asked questions
No, you can contact us and give us their details. We will then speak with your child directly, and they decide whether to go ahead.
Only if your child agrees. Their instructions and advice are confidential, even if you are paying the fees.
Yes, if your child wants you there. We may ask to speak with them alone for part of the first appointment.
You do, as the person paying the fees. Your child is still the client.
Yes, if your child authorises you to apply for them, usually in writing. It is usually best for your child to get legal advice first.
Yes. We help with protection orders, parenting matters and cases that involve both.
Yes. We offer phone and video appointments.
Where to Get Help Now
- 1800RESPECT: 1800 737 732, 24 hours, national.
- DVConnect Womensline (Qld): 1800 811 811, 24 hours.
- DVConnect Mensline (Qld): 1800 600 636.
- Elder Abuse Helpline (Qld): 1300 651 192.
- Ageing and Disability Abuse Helpline (NSW): 1800 628 221.
More guides for families
Worried about your son or daughter?
You do not have to wait for your child to make the first move. Call us or book online, and we will take it from there with care and discretion.
This article is general information only and is not legal advice. For advice about your situation, please contact Elysian Law.
