Key information
- Going to court doesn’t mean the child or young person is in trouble, or has done anything wrong.
- Sometimes the Child Safety Service goes to court to make a protection order, to keep a child or young person safe.
- In court, the magistrate (who is like a judge) hears all the facts and decides if a protection order is needed.
- The views of the entire family are very important, and a big part of any decision the magistrate makes.
Why court?
Going to court doesn’t mean the child or young person is in trouble, or has done anything wrong.
Sometimes the Child Safety Service goes to court to make a protection order, to keep a child or young person safe.
In court, the magistrate (who is like a judge) hears all the facts and decides if a protection order is needed. They only make a protection order if it’s in the best interests for the child or young person.
There are two types of protection orders:
- an assessment order – this allows Child Safety Officers to check out the situation for the child or young person and their family, and find out how to keep the child or young person safe
- a care and protection order – this allows Child Safety Officers to make decisions about what happens in a child or young person’s life, to keep them safe and well cared for.
Do I need a lawyer?
For a child or young person, the magistrate usually arranges a special lawyer called a ‘separate representative’. They will:
- talk to the child or young person
- tell the magistrate what the child or young person would like to happen
- talk to other people
- tell the magistrate what they think is best for the child or young person (sometimes what the child or young person wants and what the separate representative think is best for the child or young person may not be the same thing).
Young people can also ask for another type of lawyer called a ‘direct representative’. But they must first understand the court process and the decision they want a say in. A direct representative can:
- tell the court what the young person wants
- stand up for their point of view
- help them get information
- explain what the law means for their situation.
A young person can ask their care team, the magistrate or the separate representative to help them contact a direct representative. Or they can call the Legal Aid Commission of Tasmania on 1300 366 611.
Parents also need a lawyer, someone who will help with information and explain what the law means for their situation. They can contact the Legal Aid Commission of Tasmania on 1300 366 611.
How can I have a say?
The views and wishes of the entire family are very important. They’re a big part of any decision the magistrate makes. The more people involved in a decision, the better.
Children and young people don’t have to say anything if they don’t want to, though.
There are lots of ways the magistrate can hear about what children, young people and their families would like to happen. They may get this information from:
- a Child Safety Officer (from the child or young person’s care team)
- the child or young person’s parent/s
- an expert (like a psychologist or doctor)
- an Aboriginal organisation if the family, child or young person is Aboriginal
- other important people in the family’s life (like grandparents, aunties, uncles and siblings)
- the child or young person’s lawyer (either separate representative or direct representative)
- the parent’s lawyer
- children and young people themselves (if that’s what they want).
Children and young people can talk with their Child Safety Officer, or their lawyer, about how they would like the magistrate to hear about their wishes.
Sometimes people give information to the court by ‘affidavit’. An affidavit is like a letter written to the magistrate, where the writer promises what they have written is true.
Who goes to court?
Children and young people do not have to go to court, but their parents do.
If children or young people do want to go to court, they can talk about this with their care team or lawyer.