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Care + Protection Proceedings

Care and protection proceedings concern the safety, welfare and well-being of a child or young person. A child or young person can be removed from their parents or carers by Community Services of the Police in certain circumstances when it is believed that the child or young person is in need of care and protection, including when it is suspected that the child or young person:

  • is at immediate risk of serious harm and an AVO is not sufficient to protect them;
  • has been on premises being used for prostitution, child prostitution or pornographic purposes, or has been participating in prostitution or used for pornographic purposes; or
  • is not subject to the supervision or control of a responsible adult.

When a child or young person is taken from the care of their parents, Community Services must advise the Children’s Court of their removal within three business days. An application will be filed for a care order will be filed by Community Services, with the orders sought depending on the particular services. However, generally, the application will be for an order for the removal of the child or young person from their family and placement into the care of Community Services.

When a parent does not agree that grounds exist for the removal of their child, the application can be contested. Our litigation lawyers can help you by providing representation in contested care applications in the Children’s Court and appeals in the District Court. If your child has been taken from your care by the Police or Community Services and you do not believe that your child is in need of care and protection, contact us immediately to talk to one of our litigation lawyers.