Community Services took your child.
You need to go to Court

Your child is in foster care.
It may be called foster care or kinship care or out of home care.
Read more about foster care in our fact sheet
What is foster care?

You want your child home.

You need to go to Court.

There are lots of steps.
It can take a long time. Like

6 months
or
12 months.

This book will help you

learn about the steps for Court
know what to do.

What is in this fact sheet?

Each time you go to Court
Click here for Each time you go to Court

Step 1
Day 1 in Court
Click here for Day 1 in Court

Step 2
In Court. The next time
Click here for In Court. The next time

Step 3
Where your child will live
Click here for Where your child will live

Step 4
The last step
Click here for The last step

More information
Click here for More information

Each time you go to Court

Court can make you

feel scared
sick in the tummy.

This is OK.

Take a support person to the Court.
They can help you

stay calm
talk to your lawyer.

Your child will not be at Court.

Take any papers from Community Services.

Dress in

clean clothes
tidy clothes.

You need to be at Court by 9 am.

You may need to wait to see a magistrate.
Read more about magistrate in our fact sheet
New words.

Take something to do. Like

book
ipad.

Also take a snack.

Day 1 in Court

It will be about 3 days after your child left.

The Court must work out who will look after your child now.
It is while your Court case is on.
You must follow this rule from the Court.
This is called an Interim parental responsibility.

A lawyer from the Court will help you this time.
He is called a Duty Lawyer.

Ask your lawyer
Can you help me for all my case?

Yes.
You will see this lawyer each time at Court.

No.
You need to find a lawyer for your next Court date.

Read more about this in our fact sheet
Day 1 in Court.

In Court. The next time

This is about 2 weeks after Day 1.
This Court date is called Establishment.

Read more about Establishment in our fact sheet
New words.

The magistrate listens to all the lawyers.

your lawyer
Community Services lawyer
your childs lawyer.

The magistrate must work out

Is your child safe at home?

or

Does your child need to stay in a different home.

Your child is not safe at home.

The magistrate says your child is safe at home

The Court case is done.
You do not need to go back to Court.

Your child will come home.

The magistrate says your child needs to live in a different home.

Your child is not safe at home.

When the magistrate says this

your child stays in foster care
you need to come back to Court.

Read more about this in our fact sheet
Establishment and your choices.

Where your child will live

This step is called Placement.

Read more about Placement in our fact sheet
New words.

It means your child will live in that home.

They will live there until they are 18.

The magistrate needs to work out will your child

ever be safe at home?
or
need to live in a different home?

This step may take a long time.
You may need to do things to make your home safe. Like

learn how to look after your child
move away from your partner.

A Care Plan
Community Services want your child to be safe.
They will make a plan.
It says how your child will be cared for.
This is your childs Care Plan

Read more about a Care Plan in our fact sheet
What is a Care Plan?

Community Services will tell the Court about the plan.

They must also tell the Court

Yes.

Mum or dad can do all this plan.
Community Services make a Restoration Plan.
It says what needs to happen for your child to come home.

or

No.

Your home will never be safe for your child.
Community Services must tell the Court other places your child can live.

You and the lawyers say yes to the plan.
The magistrate may say yes to this Care Plan.
The Care Plan is now called Consent Orders.

Then

There may be things you need to do.
These are called undertakings.

Read more about undertakings in our fact sheet
New words.

You need to sign the Consent Orders.
Everyone must do what it says.
It is a Court Order.

The magistrate may say no to this Care Plan.

Community Services must write a new Care Plan.

or

You may not agree with the Care Plan

That is OK.
Talk to your lawyer.

You need to go to a meeting.
It is called the Dispute Resolution Conference.
We will write DRC when we talk about it.
People who go to the DRC meeting are

you
your lawyer
your childrens lawyer
Community Services staff
the person who runs the meeting.
They are from the Court.
They are not a magistrate.

You can take a support person with you

But

Ask the person who runs the DRC meeting.

At the end of the DRC meeting

everyone says yes to the Care Plan.

Then

Your Consent Orders are made.
You must now sign the Court Order.
Click here to read about Consent Orders.

or

someone says no to the Care Plan.
You need to go to Court again.
This is called a Hearing.

Hearing

This is in the Court room.

The magistrate listens to

your lawyer
the lawyer for Community Services
the lawyer for your child.

The magistrate also has

all the reports
your story.

You may need to sit in the witness box.
This is called giving evidence.

Your lawyer will ask you questions.

and

The Community Services lawyer can ask you questions.
Your childs lawyer can ask you questions.

You must tell the truth.

Then

The magistrate will tell everyone

what she thinks is best for your child now
where your child will live now.

The last step

The Court writes the last legal paper.
This is called the Final Order.
You must do what it says.

It will tell everyone

who will look after your child
who can see your child
where you can see your child.

It may also say

I can see my child by myself

or

another person must be with me and my child.

You may not agree with the Final Orders.

You must tell your lawyer.
Your lawyer will help you work out what to do.

Only sometimes the lawyer will say go back to Court.
Your lawyer must tell the Court.
It must be within 28 days.
It is the same as 4 weeks.

Things have changed at home

You have Final Orders.

But

You think your child will be safe at home now.

Talk to your lawyer.
Tell your lawyer what is different now.

Your lawyer can help work out what to do.
Sometimes your lawyer will say it is a good idea to go back to Court.
Your lawyer must fill in some papers.
It is called a Section 90 Application.

You will need to go back to Court.
It is very hard to change Final Orders.