Having a child removed from your care can be extremely traumatic.
If Family and Community Services (‘FACS’) becomes involved with your family, it is important to obtain legal advice about your rights and obligations.
If FACS has commenced court proceedings in relation to your children, we recommend you see a Care And Protection Lawyer early in the matter so you know where you stand. At King & York Lawyers we have a team of expert Family lawyers who represent parents that need help having their children returned to them, and grandparents who wish to care for children that have been removed from their parents.
Care and Protection is the area of law that focuses on the safety of children and their protection from abuse and neglect. It is important to note that this is not the same as Family Law and families involved in a Care and Protection matter may not be in a family dispute.
Governed by the Care and Protection Act (NSW), matters in this jurisdiction arise when a government agency (such as the Department of Family and Community Services) becomes involved and determines that a family cannot provide adequate care and protection for their children
If Family and Community Services makes a determination that it is appropriate to remove a child from his or her parent’s care, or from the care of a person with parental responsibility, then this action should be the last resort and should only occur when no other option is sufficient to enable protection of the child.
There are several stages to Court proceedings and several options available in Court proceedings in the care and protection area. If you find yourself before the Children’s Court in respect to an Application, it is likely that documents have been served on you. You should seek legal advice immediately.
In care proceedings, FACS and the biological parents of the child are parties to the proceedings. The child will also be represented by a separate lawyer. The lawyer for the child is known as an Independent Legal Representative (‘ILR’) for a child under 12, or a Direct Legal Representative (‘DLR’) for a child aged 12 or over. An ILR will act in the child’s best interests while a DLR will follow the child’s instructions much the same way as a lawyer will follow the instructions of an adult client.
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Here are some of our client reviews
Kristy Shepherd2024-08-07 I have used Kamal and his King & York firm during my very complex interstate relocation parenting case, divorce and financial settlement for over 3 years. The support I received has been exceptional. The King & York team are extremely professional and go above and beyond in your matter. Their legal knowledge is unrivalled which is why I continue to use King & York even after relocating to another state. REMULATE2024-08-07 Kamal / King and York was a godsend for me during a tricky divorce. He navigated tricky negotiations with confidence and his knowledge of the law was thorough. I felt confident and informed throughout the entire process and achieved a great result both with financials and child custody. I would highly recommend K&Y for anyone seeking a skillful and capable divorce lawyer. Cherina Gray2024-05-28 Kamal was sincerely interested in my case and its emotional impact on me and my family He was very professional with a forthright approach; firm and honest with me about my options which I needed but I was always confident that he was zealous and determined to defend my case without an ounce of apprehension. I defiantly would NOT like to be his opponent! We had a great outcome due to his extensive experience particularly regarding avo cases and being able to cut to the chase and get things done so we could get on with life and move past a lot of petty nonsense. I also thank Nathan his partner/ secretary too, Nathan was so lovely and understanding My recommendation is listen to what Kamal says and you will get the best outcome Thanks again Cherina and Rob Gray Reece Brady2024-05-23 My experience with King and York was amazing. Their solicitors go above and beyond. Communication was amazing, I was always listened to and my concerns were taken seriously. Particularly Annalisse who represented me in a family law matter and the outcome has been life changing. The support I received throughout was second to none. I could not thank them enough and will recommend them to everyone. L C2024-05-01 A huge massive thank you to Annalisse! You made an absolutely hard time into an easy, clear and thoughtful way. Thank you for assisting me and my family! Can not recommend Annalisse enough 🙏🏻🙏🏻 Adam Zoupantis2024-04-24 Thank you so much for all your hard work on my case, Kamal and Nathan were both outstanding with their advice and guidance, it could have been a very stressful process if it wasn't for them. We got the best result possible and I highly recommend them to anyone! Bill Ding2024-04-19 I recently contacted Kamal for my case which went on for just over 15 months. Kamal and his team were highly supportive and helpful. I would highly recommend King and York Lawyers. Robert Docherty2024-04-12 I am delighted to share my extraordinary experience with Kings and York Lawyers, a family law firm that truly stands out from the rest. Throughout my legal journey, I had the privilege of working closely with two exceptional individuals: Annalisse and Nathan Parnell. Their outstanding professionalism, unwavering dedication, and impeccable skills have left an indelible mark on me and my family. First and foremost, I must commend Annalisse for her remarkable expertise and unwavering commitment to her clients. From the moment we reached out to Kings and York Lawyers, Annalisse stood out with her exceptional attention to detail and profound knowledge of family law. Her ability to navigate complex legal matters with ease is a testament to her expertise and dedication. Annalisse's guidance and compassion during such a delicate time truly set her apart. She took the time to thoroughly understand our situation, always keeping our best interests at heart. Her exceptional communication skills and ability to explain legal jargon in a way that was easily understood made us feel confident and in control every step of the way. Annalisse truly went above and beyond, highlighting her passion for justice and unwavering commitment to her clients' needs. Another standout member of the Kings and York Lawyers team is Nathan Parnell. Nathan's dedication to his clients is unmatched. His willingness to go above and beyond to support and assist with any questions or concerns was truly remarkable. Time and time again, Nathan made himself available to address our queries, ensuring we were always well-informed and at ease. His attention to detail and thoroughness in every aspect of our case instilled a sense of trust and reassurance. Moreover, Nathan's professionalism and genuine care for our wellbeing were evident throughout our journey. His guidance and unwavering support propelled us forward, even during the most challenging times. Overall, Kings and York Lawyers is an outstanding family law firm, and Annalisse and Nathan Parnell are exemplary professionals within the legal field. The firm's commitment to providing exceptional service, combined with Annalisse's remarkable expertise and Nathan's unwavering dedication, sets them apart from their peers. Their genuine care, professionalism, and willingness to go the extra mile have undoubtedly made a lasting impact on my family's life. I wholeheartedly recommend Kings and York Lawyers to anyone in search of superior family law representation. Ryan W2024-03-26 I cannot speak highly enough of Kamal Hamka from King and York Lawyers. Kamal has been my go-to attorney for several criminal matters, and each time, he has delivered exceptional results. His dedication to his clients is unparalleled, as he meticulously minimises all facts through liaising before sentencing and strategizes to achieve the best possible outcome. Kamal's extensive knowledge of the legal system is evident in his relentless advocacy for his clients. He fights tirelessly, leaving no stone unturned to ensure justice is served. What truly sets Kamal apart is his unwavering support and reassurance throughout the entire process. His around-the-clock responsiveness and competitive pricing make navigating legal challenges far less daunting. With Kamal by my side, I've always felt confident and in good hands. His professionalism, expertise, and genuine care for his clients make him an invaluable asset. I wholeheartedly recommend Kamal Hamka to anyone in need of legal representation—you won't find a more dedicated and skilled advocate.
Frequently Asked Questions
Contact a lawyer immediately to understand your rights and to ensure that you and your child's interests are protected.
Grounds include neglect, abuse, failure to provide adequate care, and exposure to harmful environments.
Engage a lawyer to represent you in court, present evidence, and argue against the necessity of the order.
Legal aid, counselling, parenting classes, and support groups can help parents meet FACS requirements and improve their situation.
Work with a lawyer to comply with FACS recommendations, attend all court hearings, and demonstrate the ability to provide a safe and stable environment.
Tower 2, level 20 201 Sussex Street Sydney NSW 2000, Australia
Level 6, 91 Phillip Street Parramatta, NSW 2150 Australia
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