Care and Protection Lawyers

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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 Lawyer

What is Care and Protection Law?

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

Our Care And Protection Lawyers will guide you if FACS involved.

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.

In the area of Care and Protection Law, King & York Lawyers provide the following services:

We appear regularly in the following courts:

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Our dedicated lawyers are available to help you 24/7. Complete the enquiry form or contact our office so we can schedule a FREE initial consultation to discuss your problems and goals.
Sydney office

Tower 2, level 20 201 Sussex Street Sydney NSW 2000, Australia

Parramatta Office

Level 6, 91 Phillip Street Parramatta, NSW 2150 Australia

Miranda office

Level 4, 29 Kiora Road,
Miranda NSW 2228