Question 1

What is a child protection order in Queensland?

Accepted Answer

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.

Question 2

What does "child in need of protection" mean?

Accepted Answer

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.

Question 3

Can I be represented in child protection proceedings?

Accepted Answer

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.

Question 4

Do I have to participate in the court-ordered conference?

Accepted Answer

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.

Question 5

What happens if I am also facing criminal charges?

Accepted Answer

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.

Question 6

Can a family member care for the child if I cannot?

Accepted Answer

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.

Question 7

How much does a child protection lawyer cost in Cairns?

Accepted Answer

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.

Question 8

How long do child protection proceedings take?

Accepted Answer

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.

Child Protection Lawyer Cairns — Fixed Fee

What Is Included

Child Protection Proceedings Run Differently to Criminal Charges

What the Department Can Seek

How the Proceedings Work

Frequently Asked Questions