Children’s Court Proceedings: Our Guide

Facing Children’s Court Proceedings can be a daunting and stressful experience for parents. The Children’s Court is a court that deals with cases involving children, primarily issues that concern the care, protection, and well-being of children. 

Children’s Court Proceedings: Our Guide

Facing Children’s Court Proceedings can be a daunting and stressful experience for parents. The Children’s Court is a court that deals with cases involving children, primarily issues that concern the care, protection, and well-being of children. 

A crucial thing to remember is that the primary focus of the court is the best interest of the child. 

Children’s Court Proceedings are initiated by the Department of Communities and Justice (‘DCJ’) seeking orders for the care and protection of a child after they have been removed from their family. 

Children’s court proceedings involve several stages. 

• Care Application 

When DCJ removes your children from your care they need to file a ‘care application’. DCJ must give you a copy of the application which will have the date and time of your first Court appearance. 

•  First Court Appearance 

It is very important that you attend court. You will be assisted on the first day of court by a duty solicitor. The main decision to be made on your first court appearances is who will have temporary decisions about your children until the proceedings are finished. These are called orders for interim parental responsibility. 

• Filing your Affidavit 

The court will allow you to respond to the allegations made about you by DCJ. You will need to meet with your lawyer and put together an affidavit that tells your side of the story to the court. 

• Establishment 

For the matter to be established, the court must be satisfied that your child needs care and protection or was at the time they were removed from your care. If you do not agree to the matter being established, the court will give you a hearing date. 

• Determining Placement 

The court will need to consider various placement options for the child. DCJ will file a Care Plan which sets out DCJ’s recommendations about the future care arrangements of your child. Returning your children to your care is called ‘restoration’. If DCJ assesses there is a realistic possibility of restoration, the Care Plan will state the goals you have to meet before your children can be returned home. 

• Hearing 

The court will need to decide whether or not to make the orders which DCJ are seeking in their application to the court. Evidence is filed with the court and may include subpoena records, affidavits and an assessment by a Children’s Court Clinician. 

• Final Orders 

At the end of the case the Court may make the following final orders: 

• An order giving parental responsibility to DCJ, or to someone else (such as a relative) or to only one parent. 
• A guardianship order which gives parental responsibility to a person until the child reaches 18 years of age. DCJ will not be involved or supervise the guardian. 
• An order of parental responsibility between you and another person or DCJ
• An order that returns the children to your care but places the children under supervision of DCJ. 
• An order that says how much contact you get to have with your children 
• An order that you give undertakings to the court about what you will or will not do. 

Children’s Court Proceedings can be complex and very emotional for parents. It is really important to seek legal advice, cooperate with the court and DCJ, and remain focussed on the best interests of your children. At NLS Law, we can support you as you navigate these proceedings.