We understand that as a parent you will be distressed in the knowledge that their has been a Child Protection Order in place or the Department of Child Safety have intervened into your parenting. This potentially has resulted in your parenting rights being removed or have threatened to remove your children from your care.
Our role as lawyers in this area of Law is to help you understand the process that you are involved in and the reasoning why Child Safety have taken the action that they have. We also help when they are threatening to take action and attempt to assist you in finding the quickest and shortest path to having your Children back in your care.
If you are ready to talk to a solicitor about your situation, please start and make your free appointment with Hodgson Lawyers here.
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Areas We Can Help You With
Child Protection Orders
Short Term Custody Orders
Long & Short term Guardianship Orders
Preliminary temporary orders
Family Group Meetings
Learn More About Child Protection
If the Department of Communities, Child Safety and Disability Services (Child Safety) decide after investigation that a child is in need of protection and needs ongoing help under the Child Protection Act 1999 (Qld) (Child Protection Act), The Department of Communities, Child Safety and Disability Services are then obligated to intervene. They will do this through:
- an agreement with the child’s parents or
- if not appropriate in the circumstances, to apply for a temporary custody order to ensure the protection of the child while deciding the most appropriate action to meet the child’s ongoing protection and care needs.
A Temporary Custody Order is an order that authorises the action needed to give the child immediate safety while Child Safety decides the best action for an ongoing arrangement for the childs protection and care needs.
The Temporary Custody Order application is made to the magistrate and must include:
- the grounds upon which it is made
- the nature of the order sought
- the proposed arrangements for the child’s care (s 51AC Child Protection Act).
There are four different types of orders. They include:
- Directive Orders, where the child remains at home and may involve the parent to do or not do something for the child’s protection. It also can include the contact the parent has with the child.
- Supervision Order, the child remains at home with Child Safety supervising the child’s protection which relates to the matter within the order.
- Custody Order, where a certain person or Child Safety has the right to care for the child and can make the relevant daily decisions for the child.
- Guardianship Orders, where a suitable person or Child Safety is given guardianship over the child and has all parental powers, rights and responsibilities for that child.
Every Child Protection Order must state the length of time that the order is to last. These can be broken down into three main time frames, they include:
- Interim Orders, these are a temporary order that is usually made until the matter is next in the court. this order can grant temporary custody of the child during this time.
- Short-term Orders, these can only be made for a time period of upto two years. They can include directive orders, supervision orders, custody orders or guardianship orders. However, directive and supervision orders can only be made for a maximum of 12 months.
- Long-term Orders, they are only guardianship orders, and they grant guardianship of the child until the child turns 18 years of age.