Child Protection

The Child Protection Act 1999 enables the Children’s Court via the Chief Executive of the Department of Child Safety to intervene where a child has been harmed or is at risk of harm, abuse or neglect.

Child Safety may remove a child or children from their family, and seek that guardianship or custody be placed with the Child Safety or another specified person, such as a family member.

The Child Protection Orders the Chief Executive may apply for include:

  1. Short-term Orders;
  2. Long-term Guardianship Orders;
  3. Temporary Custody Orders; and
  4. Court Assessment Orders.

It is not uncommon for Child Protection Orders to be made in instances where parenting orders are also in place. The separate (but overlapping jurisdictions) can often become confusing and daunting.

The Family Law Act 1975 provides where there is inconsistency between Family Law and Child Protection Orders, Child Protection orders prevail.

It can often be difficult for a parent/s to know their rights in these situations or to navigate the Children’s Court process. We understand the urgency to resolve child protection issues as quickly and efficiently as possible, and to help make decisions in the best interests of the child and the family. 

Please contact our Family Law team to help you through the process.