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Care and Protection is an area of law that focuses on the safety of children and their protection from abuse and neglect.
The area of Care and Protection, is not the same as Family Law and those families who are involved in a Care and Protection matter, may not be in a Family Law dispute.
Governed by the Children and Young Persons (Care and Protection) Act 1998 (NSW), care matters may arise when those caring for a child can no longer provide adequate care and protection for that child and as a result, the Department of Communities and Justice becomes involved. This often means that the Secretary for the Department of Communities and Justice, may seek to assume the child into care and will make an Application to the Court.
At SMD & Associates, we have experience acting for families during these difficult times. We have also represented parents who need help having their children restored to their care, and grandparents who wish to care for children that have been removed from their parents care.
If you wish to discuss your matter further, please contact us to make an appointment.
This refers to an Application Initiating Care Proceedings (s61) or application for Care Order. This application is almost always initiated by the Department of Communities and Justice (DCJ).
This is an application for variation or rescission of a previously made care order, it is commonly referred to as a Section 90 as this is the Section of the Act that applies to these applications. An application can be made by the parents, the child or someone else with a significant relationship to the child.
Made pursuant to Section 90 of the Children and Young Persons (Care and Protection) Act, a Guardianship Order allocates all aspects of parental responsibility to a suitable person (‘guardian’) for a child who is in out of home care or who the Court finds needs care and protection.
At SMD & Associates, we are committed to working with you to achieve your goals, while ensuring that our clients are provided with the highest standard of service by highly qualified and motivated professionals.