Types of applications

Application for emergency care & protection orders

An application for an emergency care and protection order is made to the Children's Court by the Department of Communities and Justice (DCJ). The Children's Court may make an order for the emergency care and protection of a child or young person if it is satisfied that the child or young person is at risk of serious harm.

The order, while in force, places the child or young person in the care responsibility of DCJ or another person specified in the order. An emergency care and protection order can be made for a period of up to 14 days. The order can be extended for a further period of 14 days.

Application for care orders

An application for a care order is made to the Children's Court by the Department of Communities and Justice (DCJ).

There are two main stages involved in the court's decision to make a care order. Firstly, the Court must be satisfied that the child or young person is in need of care and protection, based on one or more specific reasons that are set out in the legislation. This is called the 'finding' or 'establishment' part of the case. This part of the case can be made by consent of the parties or can be determined by a judicial officer after a hearing.

Once a judicial officer has made a 'finding' that the child or young person is in need of care and protection, the Children's Court moves to the 'placement' phase of the proceedings. In this phase, the court makes a decision about what kinds of care orders are needed to protect the safety, welfare and well-being of a child or young person.

Applications to vary or rescind care orders

An application to vary or rescind an existing care order can only be made with the leave of the Children's Court.  Leave can only be granted if it appears that there has been a significant change in circumstances since the final orders were made or last varied.

If leave is granted, the court may then vary or rescind and/or replace the existing orders.

An application to vary or rescind a care order can be made by DCJ, the child or young person, a person who has, or who previously had, parental responsibility for the child or young person or any person who has a genuine interest in the welfare of the child or young person.