Child Protection Lawyer Cairns — Fixed Fee
$5,500 — Fixed Fee
Fees Child protection proceedings — consent resolution — $5,500 Child protection proceedings — contested hearing — $8,800 Covers : initial consultation, review of the Department's material and the allegations underpinning the application, advice on the type of order sought and what it means, interim order advice and appearances, court-ordered conference preparation and attendance, written submissions, and all court appearances through to resolution. No hidden fees. One invoice. All fees +10% GST.
What Is Included
Initial consultation to review the application, the Department's material, and the allegations that have triggered the intervention Honest advice on the type of order sought, what it means for your relationship with your child, and the realistic prospects of opposing or negotiating it Review of the Department's case plan and any assessment or investigation material filed in the proceedings Advice on interim orders — what the Department can seek, what conditions may apply, and how to respond if the Department seeks immediate removal Court-ordered conference preparation and attendance — these conferences are a critical step and the most common point at which matters resolve Written submissions tailored to your circumstances and your child's situation Full appearances by Sacha at all court dates through to resolution Post-order advice on what the order requires of you and how compliance is managed
Child Protection Proceedings Run Differently to Criminal Charges
If you are facing both a criminal charge and a child protection application arising from the same circumstances, those proceedings run in parallel — in different courts, under different legislation, and with different standards of proof. What happens in one set of proceedings can directly affect the other. Advice that fails to account for both is incomplete. Child protection proceedings in the Childrens Court are brought under the Child Protection Act 1999 (Qld). They are civil proceedings — not criminal. The Department does not need to prove a criminal offence. It needs to satisfy the court that a child is, or is at unacceptable risk of becoming, a child in need of protection under s 10 of the Act: that the child has suffered, is suffering, or is at unacceptable risk of suffering significant harm, and that there is no parent able and willing to protect the child from that harm. That is a lower bar than the criminal standard. It is also a different question. A criminal acquittal does not end the child protection proceedings. And steps taken — or not taken — in the child protection proceedings can affect your position in the criminal matter. Getting coordinated advice on both is essential.
What the Department Can Seek
The orders available to the Childrens Court under s 61 of the Child Protection Act 1999 (Qld) range significantly in their intrusiveness and effect: Supervision order — the Department supervises the child's care while the child remains with the parent. The order states the matters to be supervised. Duration: up to 1 year under s 62(2). Custody order — custody of the child is granted to the Department or a suitable family member. The child is not living with you during the order. Duration: up to 2 years from the first relevant order under s 62(3)–(4). Short-term guardianship order — the Department holds guardianship for a fixed term. Duration: up to 2 years from the first relevant order under s 62(3)–(4). Long-term guardianship order — guardianship is granted to the Department or another person until the child turns 18 under s 62(6). This is a significant outcome. The court must be satisfied under s 59(6) that no parent is able and willing to protect the child within the foreseeable future, or that the child's long-term emotional security requires it. Permanent care order — long-term guardianship granted to a person nominated by the Department, other than the child's parent or the Department itself. Requires the child to have been in the proposed guardian's care for at least 12 months under s 59(7A), unless exceptional circumstances apply. Only the Director of Child Protection Litigation can make an application for a child protection order under s 54 of the Act. That does not prevent you from being legally represented at every stage of the proceedings.
How the Proceedings Work
Child protection proceedings in the Cairns Childrens Court typically move through the following stages:Interim orders. On adjournment of the proceedings under s 67 of the Act, the court may make interim orders — including temporary custody to the Department or a family member, and contact restrictions. These can take effect quickly and the consequences are immediate. Getting legal advice before the first return date matters. Assessment orders. Where the Department needs more time to investigate, it may apply for a court assessment order under s 44 of the Act. The order must state when it ends, and the stated time must not be more than 4 weeks after the day the hearing is first brought before the court under s 47(2). The order can be extended once under s 49. Court-ordered conference. Before a contested hearing can proceed, the court must be satisfied under s 59(1)(c) that a conference between the parties has been held or that reasonable attempts have been made. These conferences are conducted under s 68–72 of the Act. Anything said at the conference is inadmissible in court proceedings under s 71. They are the most common point at which these matters resolve, and preparation for them matters as much as preparation for a contested hearing. Case plan. The Department is required to file a case plan for the child under s 59(4) before the court can make a child protection order. The plan sets out the Department's assessment of the child's needs and proposed arrangements. Sacha will review the plan and, where it does not accurately reflect your circumstances or your capacity as a parent, address that through submissions or at the conference. Contested hearing. If the matter does not resolve at conference, it proceeds to a contested hearing before a Childrens Court Magistrate. The court hears evidence and submissions from the Department and from the parents. The threshold question is whether the child meets the definition in s 10, and whether the order sought is appropriate and desirable for the child's protection under s 59(1)(a). What Changes the Outcome Whether the child remains with you during proceedings. Interim orders are not the final outcome, but they set the practical reality while the matter progresses. Sacha will advise on interim order applications and, where appropriate, oppose removal or negotiate conditions that allow the child to remain in your care. Whether the Department's case plan reflects your actual capacity. Case plans are prepared by the Department. They do not always accurately reflect a parent's circumstances, support network, or capacity to meet the child's needs. Sacha will review the plan against the evidence and address discrepancies before the court. Your engagement with the Department. Courts and the Department both consider whether a parent has engaged with recommended services, counselling, or support programs. Where that engagement is genuine and documented, it is a significant factor in the proceedings. The nature of the alleged harm. The type of harm alleged — physical, psychological, neglect, or risk of harm — shapes the Department's case and what the court considers. Sacha will assess whether the Department's characterisation of the harm is supported by the evidence it has filed. Whether a family member can provide a protective arrangement. Where the child cannot remain with you during proceedings, a family placement is usually better than Departmental care. Sacha will advise on whether a family arrangement is achievable and how to propose it effectively. Running alongside criminal charges. Where criminal charges are live at the same time, the timing and conduct of the child protection proceedings requires careful coordination. Statements made in the child protection proceedings, and the approach taken at conference or in court, must be managed with the criminal proceedings in mind. What Sacha Focuses On The Department's material is reviewed in full — the investigation reports, the case plan, and the allegations underpinning the application. Where the material does not support the order sought, or where it overstates the risk to the child, that is identified and addressed before any conference or hearing. For matters proceeding to a court-ordered conference, Sacha prepares your position in detail — what you are able to offer, what conditions you can meet, and what outcome best serves your child while protecting your parental relationship. Conferences can produce binding outcomes, and the preparation done before them determines what is achievable. For matters proceeding to a contested hearing, written submissions address the s 10 threshold, your capacity as a parent, the evidence for and against the order sought, and the specific features of your circumstances that bear on the outcome. Where the criminal proceedings are running at the same time, that coordination is built into the preparation from the outset.
Frequently Asked Questions
What is a child protection order in Queensland? A child protection order is an order made by the Childrens Court under the Child Protection Act 1999 (Qld) to ensure the protection of a child the court has decided is a child in need of protection under s 10 of the Act. Orders range from supervision orders that allow the child to remain with the parent, through to long-term guardianship orders that vest guardianship in the Department or another person until the child turns 18. What does "child in need of protection" mean? Under s 10 of the Child Protection Act 1999 (Qld), a child is in need of protection if the child has suffered significant harm, is suffering significant harm, or is at unacceptable risk of suffering significant harm — and there is no parent able and willing to protect the child from that harm. Significant harm is harm of a significant nature to the child's physical, psychological or emotional wellbeing under s 9 of the Act. Can I be represented in child protection proceedings? Yes. You have the right to be legally represented at every stage of the child protection proceedings — interim order hearings, court-ordered conferences, and contested hearings. Given the consequences of these proceedings, particularly where criminal charges are running at the same time, representation is essential. Do I have to participate in the court-ordered conference? The court requires under s 59(1)(c) of the Act that a conference has been held, or that reasonable attempts have been made, before a contested hearing can proceed. Sacha will attend the conference with you and prepare your position in advance. What happens if I am also facing criminal charges? The child protection proceedings and the criminal proceedings run in parallel in different courts. The child protection proceedings are civil — the standard of proof is lower and the question the court is deciding is different. What you say and do in the child protection proceedings needs to be considered alongside your criminal matter. Sacha will advise on both and coordinate the approach across both sets of proceedings. Can a family member care for the child if I cannot? Yes. Where the child cannot remain with you during proceedings, a placement with a suitable family member is generally preferable to placement with the Department. Sacha will advise on how to propose a family arrangement and what the Department and the court require to approve it. How much does a child protection lawyer cost in Cairns? Civic Law charges $5,500 for child protection proceedings that resolve by consent or at a court-ordered conference, and $8,800 for matters that proceed to a contested hearing. The fee is confirmed once Sacha has reviewed the Department's material and the circumstances of your matter. Call Civic Law first — Sacha will give you an indication from the first conversation. How long do child protection proceedings take? The timeline varies. The court must take into account under s 66(3) that it is in the child's best interests for the proceedings to be resolved as soon as possible. In practice, matters that resolve at conference are often concluded within a few months. Contested hearings take longer depending on the court's list and the volume of material. Sacha will give you a realistic estimate once she has reviewed the brief.