When can the court make a child protection order?

Under the Child Protection Act, a Childrens Court can only grant an application for a child protection order if the court is satisfied:

  1. The child is in need of protection and the order is appropriate and desirable for the child’s protection; and

  2. There is an appropriate case plan for the child;

  3. If the application has been contested, that a court order conference has been held between the parties (or it would be inappropriate for there to be one); and

  4. The child’s view and wishes have been ascertained; and

  5. The protection sought to be achieved by the order is unlikely to be achieved by a less intrusive order.

There are additional requirements before a Court can make an Order in relation to custody or guardianship of a child.

A child is considered a child in need of protection if:

  1. The child has suffered significant harm, is suffering significant harm, or is at unacceptable risk of suffering significant harm; and

  2. The child does not have a parent able and willing to protect the child from the harm.

Any Child Safety involvement can have significant long lasting effects on you and your family which is why its vital that you get legal advice as soon as you have contact with Child Safety. Child Protection is a specific and complicated area of law, you need a lawyer who has expertise in this area and can provide you with the right legal advice to help you and your family.

kerri Patterson