If your matter has finished at the Children’s Court or Youth Court, you will have final Care Orders. Sometimes, those orders will say your children don’t get to live with you.
If your Care Orders say this, it can be really tough. You may want to get help and support.
If you think things have changed since the Care Orders were made, you may be able to apply to the court to change or cancel the orders.
To do this, you will need to show that there has been a significant change of your circumstances since the Care Orders were made or last changed. This could include leaving a violent relationship or working with support services to address issues affecting your parenting.
The court will also look at other important things like how long your children have been cared for by their carer, your children’s relationship with them, your children’s age, the impact on your children of changing their care arrangements again and what is best for your children.
The law is different in each State and Territory about how and when you can apply to change or cancel the Care Orders, so you should get legal advice.ACTNSWNTQldSATasVicWA
For some practical tips about what may help you get your children back, see what can I do to help me get my children back. You should also get legal adviceACTNSWNTQldSATasVicWA about your situation.
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- Community Services – Going to court and working to reunite families: What’s involved and what can I do?
- Community Services – What happens with my child when they are in care and what can I do to have them come home?
- Magistrates Court ACT – Childrens Court
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- Legal Aid NSW – The Children’s Court made a decision I am unhappy about: what can I do? – available in English, Arabic, Bengali, Chinese, Dari/Farsi, Dinka, Kirundi, Swahili, Thai and Vietnamese
- Legal Aid NSW – Things have changed and I want my kids back. What can I do? available in English, Arabic, Bengali, Chinese, Dari/Farsi, Dinka, Kirundi, Swahili, Thai, Tamil and Vietnamese
- Legal Aid NSW – What happens when my kids are in care? – available in English, Arabic, Bengali, Chinese, Dari/Farsi, Dinka, Kirundi, Swahili, Thai, Tamil and Vietnamese
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- NT Law Handbook – Child Welfare
- NT Legal Aid Commission – Child protection matters
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- Legal Aid Qld – Child protection duty lawyer
- Legal Aid Qld – Child protection legal information
- Qld Law Handbook – Child Protection
- South West Brisbane CLC – Information kit on child protection for parents
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- Legal Services Commission of SA – Child Protection
- SA Law Handbook – Contact Arrangements
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- Legal Aid Commission of Tasmania – Child Protection Brochure
- Magistrates Court of Tasmania – Children’s Court
- Department of Communities Tasmania – Rights of Parents of Children in Out Of Home care
- Department of Communities Tasmania – Child Safety Information Sheets and Resources
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- Child Protection Manual – Going to the Children’s Court for parents – available in Arabic, Mandarin, Turkish, Vietnamese, Burmese, Cantonese, Dari and Dinka
- Child Protection Manual – Contact for parents – available in Arabic, Mandarin, Turkish, Vietnamese, Burmese, Cantonese, Dari and Dinka
- Child Protection Manual – Review of a child protection decision – available in Arabic, Mandarin, Turkish, Vietnamese, Burmese, Cantonese, Dari and Dinka
- Victoria Legal Aid – Going to court for a child protection case
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- Children’s Court of WA – Protection proceedings
- Department of Communities, Child Protection and family support – What does it mean?
- Legal Aid WA – Going to court for a child protection case
- Legal Aid WA – Preparing for a final hearing in a protection and care matter in the Children’s Court of WA
- Legal Aid WA – Representing yourself at a final hearing for a protection and care matter in the Children’s Court of WA
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