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A Parent Capacity Order is an order made by the Children's Court requiring a parent or primary carer of a child or young person to participate in a program, course or treatment aimed at improving their parenting skills.  

 A Parent Capacity Order can be made by the Children's Court upon application by the Department of Family and Community Services (“FACS”) or at the Court’s own initiative, if there has been a contravention of previous Orders.  

At any stage the Children's Court may refer the matter to a Dispute Resolution Conference to be attended by the parent or primary carer and FACS. The objective of the Conference is to allow the parties to try to work together to agree on the most appropriate way in which parenting skills can be enhanced.  

 A Parent Capacity Order can be made by the Children's Court if it believes that: 

  • The lack of parenting skills exercised by the parent or primary carer places the child or young person at risk of significant harm; and 
  • It is reasonable for the parent or primary carer to comply with the order; and  
  • The parent or primary carer is unlikely to participate in any program, course or treatment designed to improve their parenting skills unless the order was made.

 A parent or primary carer against whom a Parent Capacity Order has been made may have the right

to appeal the Order or otherwise make an application for it to be varied or revoked. Time limits may apply with respect to these rights and accordingly, we would recommend that legal advice be obtained as soon as possible.  

If you have been served with notice of an application for a Parent Capacity Order or if a Parent Capacity Order has been made, we recommend that you seek urgent legal advice from one of our Children & Young Persons Lawyers at our Sydney office on (02) 9233 4048. Alternatively, you can arrange an appointment to see a solicitor at our offices, further details of which are located under our "Locations" tab. 

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This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

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