SCB LEGAL
If you are facing an emergency situation, phone 000 immediately and request Police assistance.
If you need urgent legal assistance, we will endeavour to arrange a same-day appointment, via phone or in person. Contact our offices, or for urgent matters outside of business hours, call our after hours number. All contact numbers can be found here.
We are committed to assisting you with matters relating to the safety and wellbeing of your children.
Child protection matters are extremely sensitive, and we are well versed in the complexities and complications that unfortunately arise. It is our unwavering commitment and dedication to our clients that often results in our family law experts making themselves contactable outside of normal business hours. Some of the things our team can assist with include the following:
Where a parent has concerns about the safety of their children while in the care of the other parent, you can apply for an injunction, appropriate for the welfare of the child. An injunction, if granted, will prohibit them from taking a particular action while the children are in their care. For example, the Court Order may place restraints such as:
If you wish for restraints to be put in place while your children are in the care of their other parent, reach out to our team to discuss your options.
Supervised contact is when a parent is allowed to spend time with their children, but it must be supervised by:
Orders for supervised contact will only be made if the Court believes it is in the child’s best interests and there is a risk to the child having unsupervised time. The role of the supervisor is to make sure children are safely transferred from one parent to the other, and to supervise visits, so both parents can spend time with their children in a safe environment.
Where there is high conflict between parents, then a supervised changeover may be required even where both parents are having unsupervised time.
Supervised visitation (known as a Supervision Order) is put in place when there are concerns about the children’s safety or violence occurring. This may also be ordered when there are fears of a child being abducted by one parent, where there are drug or alcohol issues, or when one parent has limited skills and needs help taking care of their children. A Supervised Contact Order is usually only created for a period of time, as the intention is to assist the person, with the goal being that supervision will no longer be needed. Sometimes, it is appropriate for supervision to be for an extended period and sometimes permanently, depending on the circumstances.
CHILD PROTECTION LAWYERS SYDNEY
Enquire about the measures available to ensure the protection of your children.
There are two main ways in which children are taken without permission. The first is if they have been taken without consent, or in breach of any existing Orders in place. The second is withholding children. That is, there was an agreement between the parents to return the children at a set time but they are refusing to.
The first step is trying to talk with the other person to see if you can reach an agreement about the safe return of the children.
If you cannot speak to them, if they refuse or are being uncooperative, you can apply to the Court for a Recovery Order. This is an Order from the Court that allows both State and Federal Police to retrieve your children and return them to you.
If your children have been relocated without your approval, and you do not know where to find them, ask friends and relatives for help to locate the other parent. If they are unable to help or refuse to give you any information, or if you fear for your safety or the safety of your children, you can apply to the Court for a Location Order. A Location Order enables you to ask an organisation or a person to provide you with direct information regarding the whereabouts of your children. Our lawyers can assist you with your application.
Changes were made to the Family Law Act in relation to information sharing. These commenced in May 2024. The initial implementation of the National Strategic Framework for Information was developed to allow for nationwide two-way information sharing between the family law system and family violence and child protection systems. This includes all Courts, Child Protection, Police and Firearms agencies.
The goal of this framework is to improve the safety of people and children and empower the Court and agencies to share vital information.
If you have concerns that a parent will take the children overseas without your consent, or worried that they will not return to Australia, you can put your children’s names on the Airport Watch List. The process involves applying to the Court and sending a copy of the application, as well as any Court Orders, to the Federal Police. The children’s names can be placed on the Watch List immediately after an application has been filed with the Court. It is essential that you provide the Federal Police with all relevant information and Orders immediately. Our lawyers can assist you with your application.
You can make an Urgent application to the Court for a Recovery Order. If granted, a Recovery Order authorises people including police officers to find, recover and return the children to your care.
A Recovery Order can be applied for by a parent, grandparent, carer or any person concerned about the welfare of the children. Generally, the person making the application is the primary carer for the children.
Compiling sufficient evidence to support the application for a Recovery Order is required. Our lawyers will guide you through this process and provide advice to help ensure you have sufficient evidence to file an application, as early as possible.
CHILD PROTECTION LAWYERS SYDNEY
Organise for authorised individuals to take action to locate, recover & safely return your children.
To take steps to ensure the safety and welfare of your children, it is always wise to seek legal advice. An experienced family lawyer will be alert to the child protection issues that may exist following the breakdown of a relationship, parenting disputes or the refusal by one parent to accept the outcome of Court-Ordered arrangements.
We understand the significance and sensitivity required to assist with matters relating to the safety of your children. Time is of the essence with all child welfare concerns. Share your concerns with our team and we can make you aware of your options.
CHILD PROTECTION LAWYERS SYDNEY
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