What if I don’t agree with a decision of a Magistrate to make a child protection order?

Appeals

You can appeal the decision but this must be within 28 days of the decision being made. Notice of appeal must be filed in the registry of the District Court of Queensland. If you are considering appealing a decision:

  • Write a clear statement why you believe the decision is wrong or unfair
  • As soon as possible, get legal advice about whether your appeal may be successful
  • Consult the District Court registry about the process for lodging appeal documents.

Once a child protection order is made, can the order be changed?

Yes. You can apply to vary or revoke (remove) a child protection order in the Childrens Court.

The court can only revoke the order if it is satisfied that the order is no longer appropriate and desirable for the child’s protection.

If a parent has applied to vary or revoke an order once before, the parent cannot apply a second time unless they get ‘leave of the court’ (special permission from the Magistrate). If leave of the court is requested, the court will consider whether there is any fresh evidence before it will allow the application to proceed.

Any application to revoke or vary a child protection order must start with form 11 ‘Application to vary or revoke a child protection order’. You must also create at least one ‘affidavit’, which is a sworn statement that supports your application. Once the documents are filed, the application will be listed for a ‘mention’ in court and will proceed according to the usual procedure for an application for a child protection order.

A child may also apply to have an order revoked or varied.

What if I refuse to do what the order says?

You can be charged with an offence.

A warrant can be issued for an officer to enter and search a premises and remove a child if you prevent the child from being taken into care, or if you take the child from someone else’s custody (who has been appointed to take care of your child).

Note: Interstate orders can be enforced here and orders made in Queensland can be enforced in other states. If you are having problems with interstate orders, seek legal advice.

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