At Stephen Peterson Lawyers we provide advice and representation to parents, children and other interested parties (i.e. grandparents or long term carers) in the Family Division of the Childrens’ Court.
When the State intervenes in the life of your family, it is important to secure legal representation. Family is one of the foundational building blocks of society and should be preserved wherever possible. At Stephen Peterson Lawyers we value family and we will fight to keep your family together or to bring your family back together.
The Department of Health and Human Services (DHHS) may issue a protection application and require you to attend at the Court closest to your family. The DHHS should allow time for you to obtain legal representation and have your say at the Court hearing.
A protection application is either listed at Court by notice (for cases that are not urgent) or by emergency care (for urgent cases). For children to be removed from their parent or parents the Court needs to be satisfied on the balance of probabilities that there is an unacceptable risk of harm to the child or children in the parent’s care. The types of harm that DHHS may allege are as follows:
- Abandonment by the parents
- Death or incapacity of the parents
- The child has suffered or is likely to suffer significant harm as a result of physical injury
- The child has suffered or is likely to suffer significant harm as a result of sexual abuse
- The child has suffered or is likely to suffer significant emotional or psychological harm
- The child’s development or physical health is likely to be significantly harmed
- The cumulative harm of any of the above factors taken together or by themselves over time
Defending matters in the Children’s Court is often difficult and representation gives you the best chance at keeping your family together.