In Queensland, the Childrens Court can make different types of child protection orders depending on a child’s circumstances, safety needs, and long-term wellbeing. Two common categories are short-term orders and long-term orders.

This article explains the key differences between short-term and long-term orders, how they work, and what families should know when facing these situations.

Purpose of child protection orders

Child protection orders are used when a child’s safety or well-being is at risk.

They may grant custody or guardianship to a family member, another suitable carer, or the Chief Executive (Child Safety). The court decides the length and nature of the order based on the child’s individual circumstances, their immediate safety, and what will best support their wellbeing and stability into the future.

For more detailed information, you can read our earlier article, “A guide to child protection orders in Queensland”.

Short-term child protection orders

Short-term child protection orders are generally used when there is a realistic prospect of a child returning safely to their parents’ care within two years. These orders can grant:

• custody to a suitable family member; or
• custody or guardianship to the Chief Executive (Child Safety).

They may be considered when:

• the child cannot remain safely at home under a lesser order;
• the goal is reunification with parents; and
• a suitable family member or carer is able and willing to care for the child and support family contact.

Short-term orders cannot exceed two years in total (including consecutive orders), although interim orders before the first final order do not count towards this limit.

Long-term child protection orders

Long-term guardianship or permanent care orders are considered when reunification is no longer a viable option. These orders can grant guardianship to:

• a suitable family member;
• another suitable person (such as a foster or kinship carer); or
• the Chief Executive.

They may be appropriate when:

• reunification has not been achieved within two years of the child entering care, and is unlikely to occur within an appropriate timeframe;
• the child will not have a parent able and willing to protect them in the foreseeable future;
• all reasonable steps to support the parents have been taken.

Long-term orders aim to provide stability, permanency, and security for the child’s upbringing, taking into account their age, development, and cultural needs.

Child Protection Orders are guided by the Child Protection Act 1999 and are ultimately determined by what will best meet the child’s safety, well-being, and long-term needs.

Is there a right to 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 this complex area of law. We have helped many clients obtain successful outcomes, such as:

• reducing a long-term application to a short-term application;
• 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 of Child Safety.

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