Court processes
When a child or young person is assessed as being in need of protection, and a parent is not able and willing to protect them, our department may apply to the Childrens Court for a Court Assessment Order or a Child Protection Order.
Court processes include:
Hearing the application
Once the application is filed in the Childrens Court, parents will be served with a copy. The application provides the date and time that the matter will be heard by the magistrate.
- Parents do not have to attend the hearing of the Court Assessment Order or the first mention for the Child Protection Order. However if they do not, and a legal representative does not attend on their behalf, the order can be made in their absence.
- If parents object to the order being made, they must attend court at the place and time stated on the application. The magistrate of the Childrens Court will consider the application and the reasons for making the application.
- A court officer from our department will probably speak first (usually on behalf of the applicant) if we have applied for the order.
- The magistrate may then ask parents or their legal representative questions.
- If parents object to the order being made, the magistrate may listen to the objection or adjourn the hearing to another day.
If the application is for a Child Protection Order, the magistrate will adjourn the application for further mention on a later date as it is necessary for a court ordered conference (see Glossary of court terms) to be held before a Child Protection Order can be made.
- As Court Assessment Orders are for a short period of time, the court will attempt to finalise the application on the day and either dismiss the application or make the order.
- If an adjournment is required, the magistrate will only allow a short adjournment period, usually no longer than a week.
Adjournment of application for a Child Protection Order
The Childrens Court will attempt to have the matter heard again as soon as possible. The magistrate may make an order for a number of other things to occur in the adjourned time.
The magistrate may make an order for:
- a written report about the child or young person, family members and home environment - called a Social Assessment
- a medical examination of the child or young person
- a family group meeting to be held
- separate legal representation for the child or young person.
The magistrate may also make an interim order that can grant temporary custody to our department, and prevent or limit parent's contact with their child until the matter is heard again in the Childrens Court.
On hearing the application, the magistrate may dismiss our application, or determine that the child or young person is in need of protection and grant the Child Protection Order.
- After the Child Protection Order is made, an officer from our department will give parents a copy of the order and a letter of explanation.
- If the child or young person is old enough, the officer will also explain the effects of the order to them.
- Last updated
- 3 August 2007