At Stewart Family Law, our Brisbane child protection lawyers are dedicated to assisting individuals and families facing complex child protection matters. We understand the emotional strain of dealing with child safety issues, and our compassionate team is here to guide you through every step of the legal process.
Child protection cases can be incredibly stressful and emotional. Whether you’re applying for a protection order, responding to allegations, or seeking to protect your children from harm, you need a trusted and knowledgeable legal team on your side. Our child protection lawyers work closely with you to ensure that your children’s best interests are upheld and that the legal processes are handled efficiently and with care.
Our team is well-versed in both intervention and protection orders and works diligently to ensure that the necessary steps are taken to safeguard your children’s wellbeing.
Proud Members Of
At Stewart Family Law, we understand that child protection proceedings can be traumatic and overwhelming. Whether you are facing an application for a child protection order or if you’ve been served with a safety plan or court assessment order, we are here to support you.
Our team is experienced in working with parents, carers, and children who may be at risk or facing child protection concerns. We are committed to helping families resolve these issues in the best possible way and avoiding the need for lengthy or damaging court battles when possible.
Our team at Stewart Family Law brings a wealth of experience and expertise in child protection matters. Judy Stewart, the Director of Stewart Family Law, is an Accredited Family Law Specialist with over 20 years of experience in family and child protection law.
With a focus on providing tailored solutions for each unique case, our lawyers can assist with a wide range of issues, from navigating child protection services and negotiating child safety plans to representing clients in court.
Our goal is to always place the safety and welfare of the child at the heart of our strategy while guiding you through the legal process with sensitivity and professionalism. Whether you need help securing protective orders or understanding the complexities of child protection legislation, we’re here to support you.
If you’re involved in a child protection case, it’s essential to act as soon as possible. The sooner you receive legal advice, the better your chances are of protecting your rights and securing the best outcome for your children.
If you need help understanding child protection law or have questions about child protection orders, care orders or responding to child safety services, our team is ready to assist you. Get in touch for a confidential chat today.
"*" indicates required fields
When it comes to child protection, the safety and wellbeing of your child are of utmost importance. Our team understands the sensitive and complex nature of these matters, which can involve government agencies, the Children’s Court and a range of legal and administrative proceedings. If you are dealing with concerns around child safety, it’s essential to act quickly and seek legal advice from experienced professionals.
What is the Child Protection Act 1999?
The Child Protection Act 1999 is Queensland’s primary legislation governing child protection. It outlines the responsibilities of government agencies and individuals to ensure the safety and wellbeing of children. The Act provides a legal framework for intervening in cases of child abuse, neglect, and harm and establishes procedures for child protection orders, care arrangements, and decision-making regarding children at risk.
What is a child protection order, and why is it made?
A child protection order is a legal order made by the court to protect a child from significant harm or risk of harm. Such an order is only made when the court determines that a child faces an unacceptable risk of suffering harm and that intervention is necessary to ensure the child’s safety and wellbeing.
These orders can involve placing the child with a safe caregiver, having someone supervise the child’s safety, or taking custody away from parents. The goal is to ensure the child’s safety while also working to improve the situation so the child can stay with or return to their family if possible.
Child protection is a highly complex area, and there are many different levels of involvement they may have in a child’s life if they are deemed at risk in their home. This may range from investigations to short-term orders or permanent orders being made through the court system.
Safety Plan: Child Safety may develop a safety plan with parents to address concerns and ensure a child’s safety at home. The plan should outline steps for the family to take to reduce risks and protect the child.
Intervention With Parental Agreement: Child Safety can intervene with the parent’s consent, such as through care agreements, to place a child in temporary care without involving the court.
Court Order: If necessary, Child Safety can apply for a court order to remove a child from unsafe situations or to formalise care arrangements, ensuring the child’s safety under legal supervision.
If you are a parent facing the possibility of a Child Protection Order (CPO) or are a concerned individual who believes a child may be at risk, it is crucial to understand the child protection legal process in Queensland. The safety and wellbeing of children are paramount in Australian law, and when concerns about a child’s safety arise, immediate action may be needed.
Whether you’re facing a situation where child protection services have intervened, or you are worried about a child’s safety and want to act on their behalf, it is essential to respond quickly. We are here to help you through this process, protect your rights and secure the best possible outcome for your family.
1. Recognising the Need for Protection
If you are concerned about a child’s safety due to physical harm, neglect, or exposure to family violence, the first step is identifying the issue. If you believe a child is at immediate risk, it’s crucial to act fast by either contacting child protection services or seeking legal advice.
If you’re a parent who has received notice of a child protection concern, it’s essential to act quickly and seek guidance. If you’re a concerned third party, you can reach out to child protection authorities or a lawyer to ensure the child’s wellbeing is prioritised.
2. Applying for Protection Orders
If a child is at risk of harm and immediate protection is needed, a protection order may be applied for through the Family Court or other relevant state agencies. Protection orders are designed to prevent contact between the child and anyone who poses a danger to them.
If you are a parent facing a child protection concern, our lawyers can help you respond to protection orders and work with you to demonstrate your ability to provide a safe environment for your child. If you are a concerned individual, we can help you take legal action to protect the child and ensure their safety.
3. Child Protection Care Plans & Orders
When child protection services determine that a child cannot remain safely with their family, they may place the child in out-of-home care. This decision can lead to care orders and arrangements designed to safeguard the child’s wellbeing.
If you are a parent, our lawyers will help ensure the care arrangements are in line with the child’s best interests and work with child protection agencies to explore possible reunification or support services. For concerned parties, we can assist you in advocating for the child’s safety and wellbeing through appropriate legal channels.
4. Mediation & Dispute Resolution
Child protection matters often involve sensitive family dynamics. We facilitate mediation between parents, caregivers, and child protection authorities to find solutions that prioritise the child’s safety while addressing the family’s needs. Mediation can help avoid court proceedings, but if an agreement cannot be reached, we are prepared to guide you through the legal process and represent you in court.
5. Court Proceedings (if Necessary)
If a dispute cannot be resolved through mediation, the court may become involved. The Children’s Court or Family Court will make decisions based on the best interests of the child, considering all evidence, the child’s welfare, and the nature of the allegations.
If you’re a parent facing court proceedings, we will ensure that your rights are protected, and your position is fully represented. If you are a concerned individual, our lawyers can help advocate for the child’s interests to ensure their safety and wellbeing is the focus of any court decisions.
Different types of orders can be made in Queensland, usually between the state and the child’s parent or guardian. Each order has unique implications, and understanding them is essential for families facing legal challenges.
Purpose: To assess if a child needs protection.
Duration: Up to three days (can extend one more day).
Custody: Child Safety has custody; parents retain guardianship.
Purpose: To protect a child while allowing them to stay at home.
Duration: Up to one year.
Custody: Parents retain custody with specific safety actions required.
Purpose: To supervise the child’s wellbeing at home.
Duration: Up to one year.
Custody: Parents retain custody and guardianship, supervised by Child Safety.
Purpose: To temporarily place the child in a safe environment.
Duration: Up to two years.
Custody: Child Safety or a suitable family member.
Guardianship: Parents retain guardianship.
Purpose: For children who can’t be reunited with their parents.
Duration: Until a child is 18 years old.
Custody/Guardianship: Child Safety or a suitable family member.
Purpose: For children who need a permanent, stable home.
Duration: Until 18 years old.
Custody/Guardianship: A permanent guardian assumes full responsibility.
In Australia, Child Safety (formerly known as DOCS) can remove a child if they are at significant risk of harm. They must follow legal procedures and work to ensure the child’s safety, either by keeping the child in care or returning them to the family when possible.
A care agreement is a short-term, time-limited arrangement between Child Safety and parents in which a child is placed in care for up to 30 days or 6 months. The Childrens Court is not involved, and parents retain legal guardianship and some decision-making rights during the Agreement.
Children’s Court proceedings involve legal processes to assess and determine child protection orders. The court evaluates evidence to ensure the child’s safety, and decisions are made regarding custody or placement. Lawyers represent both parents and children, ensuring the child’s best interests are prioritised.
The Department of Children, Youth Justice, and Multicultural Affairs in Queensland is responsible for protecting children, supporting youth justice and promoting multiculturalism. It oversees child protection services, youth detention, and community-based support programs, aiming to ensure the safety, wellbeing, and fair treatment of children, families and diverse communities.
The Department of Families, Seniors, Disability Services and Child Safety (Child Safety) is the lead agency in Queensland responsible for protecting children from harm. Its aim is to enforce the Child Protection Act 1999 and ensure children’s safety by intervening when parents cannot protect their children from significant harm.
The Office of the Public Guardian in Queensland advocates for children and young people involved in child protection matters. Their legal officers represent the child’s views in court, ensuring their wishes are considered, and may cross-examine witnesses during hearings.
“I wanted to let you know, Temika – how very grateful I have been to have you represent me over the past few years. You have certainly seen my worst side and kept me sane when I have really needed it! Your professionalism is second to none and I couldn’t have asked for any one better to be on my side! So from the very bottom of my heart thank you!!”
– KD
Contact
Office Address
Level 2/231 North Quay, Brisbane City, QLD 4000
Mailing Address
PO Box 12570 George Street Brisbane QLD 4003
Our Services
