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.

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, well being 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.

Types of Orders

There are a number of different types of Orders that can be made when Child Safety make an application for a child protection order under the Child Protection Act. The types of final orders that can be made include:

Directive Orders: These Orders usually involve the child remaining in the home in the care of one or both parents but include a direction that a parent do or not do certain things, for example a direction that the parent attend counselling or not allow the child to have contact with a certain person. A directive Order can also direct that a parent not have contact with the child or only have a certain type of contact with the child (supervised contact);

Supervision Orders: These Orders usually involve the child remaining in the home in the care of one or both of the parents but requires Child Safety to supervise the child’s protection in relation to certain matters which are listed in the Order;

Custody Orders: These Orders involve the child being removed from the family home and grant child safety (or a suitable person, such as a relative of the child) the right to care for and make decisions about the child’s daily care needs;

Guardianship Orders: These Orders involve the child being removed from the family home and grant child safety (or a suitable person, such as a relative of the child) the right to to for and make decisions about the child’s daily needs as well as long term decisions about the child’s wellbeing and development, including things such as the child’s health, educations and religion.

Permanent care order: These Orders grant a suitable person guardianship of the child on a permanent basis.

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:

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

b. 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 it’s 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.

Who we can help in a child protection matter

We have extensive experience in the child protection system. As well as helping parents navigate this very complicated and difficult area of law we can also assist other people involved in child protection matters, including:

Grandparents, other family members or other people who have a relationship with the child. Under the Child Protection Act, the court can allow people other than the child’s parents to participate in the proceedings. When considering whether to allow another person to participate in the proceedings, the court will consider the person’s relationship with the child and any information that the person may be able to provide to the court;

The child – where Child Safety is applying for an Order concerning a child that child may be represented by a lawyer;

Foster carers or people wanting to become foster carers, including family members who wish to be considered as a kinship carer for a child that is subject to an application made by Child Safety.

We also provide advice to a number of government and non-government organizations such as schools, daycare centers, and community organizations in relation to their responsibilities and duties under the Child Protection Act.

Our director Kerri Patterson is a confident and tenacious advocate, she enjoys appearing in court and protecting her client’s rights. Kerri’s clients appreciate her professionalism, tenacity and responsiveness.