Call 1300 ALA LAWRequest a confidential call back
Act quickly. When the Department of Communities and Justice (DCJ) removes a child, it usually has to bring the matter before the Children’s Court within three working days. What you do in those first days matters, so speak to a lawyer before your first court date.
Care and protection law deals with the safety, welfare and wellbeing of children and young people. It is governed by the Children and Young Persons (Care and Protection) Act 1998 (NSW). DCJ investigates concerns, and if it believes a child is at risk of significant harm, it can apply to the Children’s Court for orders.
DCJ caseworkers will usually try to work with a family first. If that doesn’t resolve their concerns, they may start court proceedings for temporary and then long-term orders. For families in Orange, these cases are heard in the Children’s Court sitting in Orange.
Care proceedings are stressful and move quickly. We’ll explain what is happening, what DCJ needs to see, and how to put your best case forward.
Orange · by appointment only
Dubbo · by appointment only
Phone and video appointments available
We act for parents, grandparents, relatives and other people with a genuine interest in a child’s welfare.
Every case is different, but care proceedings usually follow these stages.
DCJ files a care application. After a removal, this usually happens within three working days.
The court can make interim orders, often giving parental responsibility to the Minister for now.
DCJ must establish that the child was in need of care and protection, by agreement or at a hearing.
Expert assessments, dispute resolution conferences and evidence help the court decide.
DCJ files a care plan and the court makes final orders about where the child will live.
The Children’s Court is closed to the public. Only the parties and their lawyers can attend.
If your goal is to have your children back in your care, we’ll help you understand exactly what DCJ and the court need to see. That often means following a plan with clear steps and milestones, such as courses, counselling, safe housing or drug testing.
When those steps have been met, we can put your progress before the court and argue for restoration. Under NSW law, returning a child safely to their parents or family is the first preference wherever it is possible.
Get legal advice straight away, before the first court date. Stay calm, keep a record of what happened and who you spoke to, and keep engaging respectfully with DCJ caseworkers. Attend every court date and follow any reasonable requests, such as drug testing or courses, as these can help your case.
When DCJ removes a child, it usually has to file a care application with the Children’s Court within three working days. That first court date comes around very quickly, so contact a lawyer as soon as possible.
Restoration usually means showing the court that the concerns which led to removal have been addressed. That might involve completing programs, counselling, safe housing or testing. NSW law prefers returning a child to their parents or family wherever it’s safe to do so.
It’s a voluntary arrangement, made with a parent’s consent, for a child to be cared for by someone else for a short time. It usually lasts up to three months and can be extended once by a further three months.
Yes. Placement with family or kin is preferred over other out-of-home care. A guardianship order can give a relative or kin parental responsibility for a child, and grandparents can also seek to be joined in proceedings if they have a genuine interest in the child.
A section 90 application asks the Children’s Court to vary or rescind existing care orders. You first need the court’s permission (leave), which is only granted if there has been a significant change in circumstances since the orders were made.
Yes. An appeal from a Children’s Court order generally goes to the District Court of NSW and must usually be lodged within 28 days, so get advice promptly.
Generally no. The Children’s Court can’t order costs in care proceedings unless there are exceptional circumstances.
More on care and protection at ALA Law → | Family law in Orange →
If DCJ is involved with your family, don’t wait. Call us for confidential advice about your rights and your next steps.