Protection orders in the Children's Court
What is a protection order?
A protection order is a court order the Department of Communities- Child Protection and Family Support ('the Department', 'Child Protection') can apply at the Children's Court for if it thinks a child or young person under 18 is in need of protection and care.
If a magistrate decides the child or young person is still in need of protection when the case is finalised, they will be placed on a final protection order.
What are the types of final protection orders that can be made?
• Protection order (supervision)
• Protection order (time-limited)
• Protection order (until 18)
• Protection order (special guardianship).
What can interim protection orders be made about?
While a case is at court, interim or temporary orders can be made about matters such as contact or where your child lives.
What is a protection order (supervision)?
With a protection order (supervision) a child stays or is returned to:
- your care
- the care of the other parent, or
- if you and the other parent are together, the care of both of you
with the Department 'supervising' or checking your child is safe.
Can a child be removed from my care if they are on a protection order (supervision)?
Yes, if the Department believes on reasonable grounds there is an immediate and substantial risk to your child’s well-being. The Department then has to bring your case back to court.
What is a protection order (time limited)?
A protection order (time-limited) gives the Department parental responsibility over your child even if they are living with you. This means the Department is in charge of deciding where your child lives and other important decisions. Child Protection works with families to sort things out to make it safe for your child to go home.
What is a protection order (until 18)?
With a protection order (until 18) the Department has parental responsibility for your child until they turn 18. This means the Department is in charge of deciding where your child lives and other important decisions.
What is a protection order (special guardianship)?
With this order, the carers become special guardians and are given parental responsibility for your child until they turn 18, or the order is cancelled, or an adoption order is made. A condition about contact with a parent can be included on the order if that is best for your child.
Does a magistrate have to make the protection order asked for by the Department?
No, it depends on what the magistrate thinks is in the best interests of the child or young person.
Can a parent apply to cancel a protection order?
A parent, or another party to a case, can apply to cancel a protection order. If the magistrate it is satisfied it is in the best interests of the child, the magistrate can:
- confirm the order,
- cancel the order, or
- cancel the order and replace it with another protection order.
Reviewed: 5 April 2018