For the most part, the law allows parents to bring up their children according to their own values and beliefs. This means that parents have the right to make decisions about their child or young person's upbringing without interference unless a parent's action or inaction causes harm or places their child at risk of harm.
If it has been assessed by the Department that a child has been harmed or is at risk of harm and requires protection, they will remain involved with the family for a period of time.
For a Magistrate to grant a Child Protection Order, they must be sure that the child is in need of protection and that the order is not more intrusive than what is needed for the child to remain safe.
The Children’s Court is a closed court and therefore only certain persons are allowed to be present. Those who are allowed to attend court include, representatives from the Department of Child Safety, parents and their legal representatives, the Separate Representative (lawyer) appointed by the court to represent the child's interests and a representative of a Recognised Entity if the child is an Aboriginal or Torres Strait Islander.
An individual under 18 years
A child who: a. has suffered harm, is suffering harm, or is at unacceptable risk of suffering harm
b. does not have a parent able and willing to protect the child from the harm.
This is ordered by the court on adjournment of proceedings and is a meeting held between the parties that is convened by a chairperson. It is an attempt to decide the matters in dispute or to try to resolve the matters without the need for a court hearing.
An order made to authorise actions necessary as part of an investigation to assess whether a child is in need of protection and must state the time it ends and must not be for more than four weeks from the day the application was first brought before the court.
Means the right to have the child's daily care and the responsibility to make decisions about the child's daily care.
Legal responsibility for all the duties, powers, responsibilities and authority that, by law, parents have in relation to their children. This includes responsibility for decisions about the child's long-term care
Under a Child Protection Order, means guardianship until the child turns 18 years.
Of a child under a Child Protection Order, means guardianship of the child for not more than two years.
A Child Protection Order requiring the chief executive to supervise the child's protection in relation to the stated matters. To give effect to this order, the chief executive can issue administrative directives to the parents directing them to do or refrain from doing something specifically related to the supervision matters stated on the order.
An order made to authorize actions necessary as part of an investigation to assess whether a child is in need of protection. A Judge may decide such an application without notifying the child’s parents. The order must state the time it ends and must not be more than three days after the day the order is made.