A child protection order is a Court order aimed at protecting a child or young person from harm. The Child Protection Act 1999 (Qld) (‘the Act’) governs when a Childrens Court may make a child protection order. Section 59 of the Act empowers a Magistrate presiding in the Childrens Court to make a child protection order if it holds a belief that the child is in need of protection.

In Queensland, the Department of Children, Youth Justice and Multicultural Affairs (‘Child Safety’) become involved with a family if there are concerns about the safety of a child (including emotional, psychological, and physical safety). Generally, Child Safety will gather information about a family’s situation and assess whether a child is safe to remain in a home. They will also speak with the Director of Child Protection Litigation (‘DCPL’), who handles child protection matters in Court.

The role of the DCPL will be to consider any information obtained by Child Safety and assist in making an assessment as to whether it is necessary to apply to the Childrens Court for a child protection order and, if so, which type of order is appropriate in light of the information.

When will a child protection order be made?

Put simply, to issue a child protection order, a Magistrate needs to be satisfied, based on the information provided by Child Safety/DCPL, that a child has been harmed, is suffering harm or is at unacceptable risk of suffering harm, and there is no parent able and willing to protect them.

If the DCPL files an application for a child protection order, both parents (if named on the order) will be required to attend Court. There will be paperwork that is provided outlining the concerns of Child Safety/DCPL and the basis for bringing the application.

What types of final child protection orders exist?

The common child protection orders imposed in Queensland, depending on a family’s particular situation, are as follows:

• Directive orders – this order is the least intrusive child protection order. It directs a parent to do something to care for the child. It has a maximum duration of 1 year.
• Protective supervision order – this order empowers Child Safety to supervise the wellbeing of a child and protect them whilst in the care of their parent/s. It has a maximum duration of 1 year.
• Short-term custody order – this order applies to a family when the goal is to reunify the child with their parent/s. It has a maximum duration of 2 years.
• Short term guardianship order – if Child Safety hope to reunify a child with the parent/s but the parent/s are either unable or unwilling to make changes or decisions about the child’s care, this will be a suitable order. It has a maximum duration of 2 years.
• Long term guardianship order – this is the most intrusive child protection order. In circumstances where a child cannot be safely reunified with their parent/s and long-term care is in the best interest of the child, this order will grant long-term guardianship to Child Safety. It has a maximum duration of until the child reaches the age of 18 years.

Importantly, before any of the above orders end, the DCPL can apply to extend, vary, or revoke a child protection order.

Is there a right of appeal a child protection order?

A parent wishing to appeal a decision made by a Magistrate in the Childrens Court has 28 days from the date of the decision.

The appeal will usually be heard by a judge in the Childrens Court of Queensland (the equivalent of the District Court).

Getting legal advice or assistance

Gilshenan & Luton’s lawyers are very experienced in the complex area of law related to child welfare and safety. We have helped many clients obtain successful outcomes, such as:

• obtaining a protection order for the children in favour of our client after the children’s mother encouraged the children to make false complaints of abuse; and
• overturning an application to remove children brought by the department.

The involvement of the Department of Child Safety in a family’s life can be a confronting and confusing time. It is vital that the advice and assistance of knowledgeable lawyers with expertise in this area is sought at the very earliest opportunity.

Contacting Gilshenan & Luton Lawyers

📞 07 3361 0222  (24/7)

📧 gnl@gnl.com.au