Child Protection

The Child Protection Practice Group specialises in child protection law and other areas of law relating to children.

Our team of dedicated and highly skilled lawyers are specialists in conducting legal work relating to children, and are available to respond and assist as required.

What we can do for you

We offer the following litigation and advice services:

Care and Protection

  • care applications and other proceedings before the Children's Court of NSW pursuant to the Children and Young Persons (Care and Protection) Act 1998

  • appeals of Children's Court Orders to the District Court of NSW and Supreme Court of NSW.

Family Law

  • applications and interventions in family law proceedings in the Family Court of Australia and Federal Circuit Court of Australia including applications for parenting orders, location and recovery orders and matters relating to children; and

  • appeals to the Full Bench of the Family Court of Australia.

Adoption applications

  • contested and non-contested adoption applications before the Supreme Court of NSW

  • appeals of adoption orders.

Supreme Court, Court of Appeal and High Court of Australia

  • parens patriae applications to the Supreme Court of NSW for orders relating to children, including applications for medical treatment for children, secure accommodation and care orders and a range of other matters that come under this very broad inherent jurisdiction of the court

  • applications to amend details on a child's birth certificate

  • judicial review applications to the Supreme Court and Court of Appeal under s. 69 of the Supreme Court Act 1970

  • special leave applications and appeals to the High Court of Australia.

Wills, estates, family provision and statutory wills for children

  • wills and estates advice and administration

  • claims and disputes relating to superannuation, trusts, life insurance and other policies on behalf of children in care

  • litigation relating to contested wills and estate proceedings

  • family provision advice and claims

  • applications for statutory wills and court authorised wills for minors.

NSW Civil and Administrative Tribunal and Guardianship Tribunal

  • reviews of administrative decisions including decisions to authorise or not authorise a person as an authorised carer, and decisions relating to a child's placement being granted or removing responsibility for a child's daily care and control to or from an authorised carer.

We also provide legal services in related areas of law and conduct educational seminars and training including to non-government agencies relating to adoption proceedings.

"Very positive dealings with the Child Protection practice group, which deals with the majority of our referred work." Derek Smith, Assistant Director, FACS Legal