Going to court about a care and protection order

If we decide a care and protection order is needed for your child’s safety, the ACT Childrens Court decides what care arrangements should be made for your child.

The Childrens Court is in the Magistrates Court on Knowles Place, in the Canberra city. To get to the Childrens Court go through the separate entrance to the left of the main door.

It is important not to leave the court once you are there. The court can make an order without you being there.

Get ready for court

Make sure you know the date you need to go to court.

You will need a lawyer to help you get ready and come with you on the day. Your child’s case manager can give you contact details for legal services.

To get ready to come to the ACT Childrens Court:

• Make sure a lawyer represents you in court. We will make important decisions that could affect you and your child over the long term. If you can’t get a lawyer, get advice from community legal services before the day.
• Meet with your lawyer before court and make sure they have all the information they need. Read all the documents we have given you and write down what you don’t agree with. With your lawyer, write down any things you have been doing to improve or change your circumstances.
• Take pens and a notebook so you can write notes. We may ask you questions and you will get the chance to have your say. Be aware that anything you say will be used to make the final decision. Think about what questions we may ask you and how you could answer them.
• Make childcare arrangements. There is no childcare available at the court and you cannot bring children with you.

On the day

Make sure you arrive early. This way you can speak to your lawyer beforehand.

You may have to wait. Court staff will tell you when it is your turn.

Remember, everyone wants what is best for your child.

Your child’s representative

Your child will get a Legal Aid lawyer. This lawyer is separate to us and will make sure the court hears about your child’s best interests.

The ACT Childrens Court must make sure your child understands what is happening and what might happen to them. Your child's lawyer, or their case manager, will usually explain it to your child.

What happens at court

You can bring support people with you, such as a friend, family member or advocate. They can wait with you before your case. Support people can only go into the courtroom if everyone involved agrees.

Case Management Conferences

When you go to the ACT Childrens Court, you will go to a case management conference. This is a meeting to talk about how to keep your child safe.

At the meeting, we will decide how to keep your child safe for the next 3 weeks. A court registrar will help run the meeting and make decisions.

If we don’t make decisions at the meeting, we will go into the courtroom. A magistrate will make the final decision.

If you don’t understand what is going on, ask someone from the court or your lawyer to explain it to you.

Who is in the courtroom

The ACT Childrens Court is not open to the public. Depending on what you are going to court for, the following people can go in the courtroom:

• Childrens Court magistrate (the judge)
• you and your child's other parent
• parties to the proceedings and their lawyers (including your child and your child’s lawyer)
• court officers
• anyone the Court admits as your child’s representative
• a person from Children, Youth and Families
• a representative from the Public Advocate
• a person or representative of an entity that has provided a report about your child
• anyone who has parental responsibility for your child (usually not your child’s carer)
• anyone else required or permitted to be present by the ACT Childrens Court or by law.

You can have support people or an advocate with you in the courtroom if everyone agrees. This includes the registrar or magistrate, court staff and legal representatives.

Court decisions

The role of the court magistrate is to decide:

• Is your child in need of care and protection?
• Is there a person with parental responsibility who is willing and able to provide care that will protect your child from risk of significant harm?

The magistrate may make a different care and protection order to the one you expect.

Sometimes you may be able to appeal the decision made by the ACT Childrens Court. You should get legal advice if this is something you want to do.

It is an offence if you do not comply with the court’s decision. The police can enter and search premises and remove your child if you try to hide them.

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