The Department of Family & Community Services (“FACS”) and the police have broad powers to remove children or young persons from a place of risk or a public place. This action can be taken if they consider there to be reasonable grounds to believe that the child or young person is in need of care and protection and is at risk of significant harm.
Any child or young person removed will remain under the care of FACS pending investigation.
If a child or young person is removed, FACS must make a care application in the Children's Court for any one or more of the following orders:
An emergency care and protection order- this is an order for the care of the child or young person at serious risk of harm for a period of 14 days which is capable of extension;
- An assessment order- this is an order that the child or young person undergo a medical examination and/or assessment. Such an order can also be obtained as against the primary carer;
- Any other care order.
An application must generally be made within 3 working days of the child or young person being removed. Alternatively, FACS may determine that no care order is necessary for the care and protection of the child, in which case, they will need to explain the reasons for this decision to the Children's Court.
When deciding whether to make a care order, the Children's Court is bound to consider the safety of the child or young person as the paramount consideration. The Court also has power to continue to uphold the removal of the child or young person from its carer and place of risk.
If your child has been removed, we recommend that you contact our office and arrange an appointment to see one of our Children & Young Persons Law Solicitors in our Sydney office. By appointment, we can also arrange a time for you to see one of our lawyers at a branch office. For a complete listing please see our "Locations" tab.
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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