Hi there. It sounds like you are in a difficult position. You mentioned that your ex-wife has “made a claim” against your son. It is not clear whether this means she has made a complaint to the police or another government agency (such as Child Protection Services). For that reason, the information below is of a general nature only and may be relevant to your situation.

There are laws in Australia designed to ensure children are kept safe inside and outside the home. In Victoria, the Child Protection Service (CPS) works to protect children at risk of harm or where families are unable or unwilling to protect them. CPS investigates matters, refers children and families to support services, and takes matters to the Children’s Court. CPS may become involved in your family if someone has made a report to the Department of Health and Human Services that your child needs protection. CPS is required by law to find out if your child needs protection and to help them if necessary.

In these situations, CPS will conduct an investigation into your family situation. You will be involved in this process, and the child protection worker will talk to you and your child about the report that has been made. The worker may also speak to other people in your child’s life, such as your ex-wife, doctor, school teachers, etc. If you choose to cooperate with the investigation, you will have the opportunity to explain your side of story to the worker. If there are concerns about a specific incident involving your child, and there are witnesses, you can tell the worker this information. The worker may want to speak to the witnesses.

If you do not cooperate with the investigation, CPS may obtain a ‘temporary assessment order’ from the Children’s Court. This is an order made by a court that requires the parent and child to comply with the investigation. If CPS seeks an order from the court, you will have the opportunity to appear before the court and explain your situation before the order is made.

If CPS does not become involved in your family and the dispute remains between you and your ex-wife, this may affect any parenting arrangements involving your daughter. When you separated from your ex-wife, you would have reached an agreement with her about parenting responsibilities for your daughter, or you would have obtained parenting orders from a court. Parenting arrangements must be in the child’s best interests. If there is evidence of any harm or risk of harm to your daughter, there is a possibility that the existing parenting arrangements may be challenged in or varied by the Family Court.