What is the difference between custody and guardianship?

If Child Safety are making an application under the Child Protection Act, they may seek an Order granting them (or another suitable person) custody of your child or guardianship of your child. There are other types of Orders that Child Safety may seek, however these are the 2 most common types. See our article here for other Types of Orders that can be made.

A custody order gives Child Safety (or another suitable person) the right and responsibility to make decisions about the child’s daily care, this includes where the child will live and how much contact the child will have with their parents and other significant people in their lives. A custody Order can be made on a final basis for a period of up to two (2) years.

A guardianship order gives child safety (or another suitable person) the right and responsibility to make decisions about the child’s daily care as well as decisions about the long term care, wellbeing and development of the child. This includes making decisions about the child’s health, schooling and religion as well as decisions about where the child will live. A guardianship Order can be made on a final basis for any length of time and can be made until the child turns 18 years old.

Any application made by Child Safety can have significant effects on your family and your child so its important you seek legal advice as soon as possible. Child Safety often initiate their application by asking the court to make a temporary order before telling the parents about the application which is why its extremely important to get legal advice as soon as you have any contact with Child Safety.

Child Protection is an extremely specific area of law and if you find yourself having involvement with Child Safety you need a lawyer who has expertise in this area of law. We pride ourselves on helping client’s navigate the complicated and often unfair child protection system.