Appealing a child protection order
You or your child can appeal against a child protection order within 28 days of the order being made. Get immediate legal advice.
Applying to the court to have your child returned to your care
You can apply to the court at any time after the protection order has been made to have your child returned to your care. This will either be a revocation or variation of the order . This applies whether your child is under custody, a short-term guardianship order, or a long-term guardianship order.
You should get legal advice.
You may need legal advice or help if:
- You’re under 18 and need information about family law or child protection (as a child or a parent)
- You’ve been invited by Child Safety to attend a family group meeting
- Child Safety is investigating alleged harm relating to your child
- Child Safety wants you to sign a care agreement
- Child Safety wants to take your child into custody
- Child Safety has applied for an assessment order
- The Director of Child Protection Litigation is applying for a child protection order
- You or your child want to appeal against a child protection order
- Your child is under a child protection order and you are trying to get them back
- You think your child is at risk of abuse in Child Safety’s care but they won’t help
Getting legal advice:
Legal Aid Queensland
Can give legal advice and help with child protection matters. To contact Legal Aid Queensladn phone 1300 65 11 88 or go to www.legalaid.qld.com.au
The following organisations may also be able to help:
- Community legal centres give legal advice on a range of topics. Contact them to find out if they can help with your matter.
- Disability Law Qld can assist in child protection matters.
- Aboriginal and Torres Strait Islander Legal Service (ATSILS) — may be able to give legal representation and advice on family law matters for Indigenous people.
- Queensland Indigenous Family Violence Legal Services (QIFVLS) provides legal and counselling services to Aboriginal and Torres Strait Islander peoples suffering from the direct and indirect effects of domestic violence and sexual assault.
- Queensland Law Society can refer you to a specialist private lawyer for advice or representation.
- LawRight – Representation service – Child safety review service may be able to provide one-off legal representation at compulsory conferences in the Queensland Civil and Administrative Tribunal (QCAT) for parents and carers who are reviewing a decision of the Department of Communities, Child Safety and Disability Services (Child Safety).
Office of the Public Guardian – Child Advocates
- provide information and advice about legal issues that you might be concerned about
- help you resolve disputes and to make complaints if you have been treated unfairly
- support you – and if you want us to, speak for you –in legal meetings with Child Safety (or any other agency) to make sure that your needs are being met and your views and wishes are being heard
- support you to attend and speak for yourself in a court or tribunal
- speak for you in court or tribunals