Care & Protection · Penrith & Western Sydney
Supporting families through Children’s Court care and protection matters
Care and Protection of Children is the area of law that focuses on child safety and protection from child abuse and neglect. It is governed by the child protection legislation namely the Children and Young Persons (Care and Protection) Act 1998 (NSW). This area of law involves the Department of Communities and Justice (DCJ) and is heard in the Children’s Court of NSW.
Reviewed by Bernadette Melhem, Partner – Accredited Specialist Family Law. Last updated November 2026.
Penrith Office
Ground Floor, Suite 4 291/295 High St, Penrith NSW 2750
Mon-Fri, 9am-5pm
In person, phone or video consultations
Call: 1300 252 529 Get Directions
Has DCJ removed your child?
Act quickly. If DCJ removes a child, it must apply to the Children’s Court for a care order within three working days. Getting legal advice straight away means you can be represented from the first court date.
Decisions regarding a child’s health, schooling, welfare and upbringing are generally made by the parents; however, when a family cannot provide adequate care and protection for their children the State can intervene to seek parental responsibility for the children.
ALA Law’s experienced team of care and protection lawyers are compassionate and care about the wellbeing of your family. We know these cases can be difficult emotionally and logistically and work hard to achieve the best outcome for your situation. We strive to keep the wellbeing of your children our highest priority.
We offer private representation in this area of law. Please contact us to find out how we can help you.
On this page
How we can help
DCJ removal & emergency orders
What happens if DCJ removes your child, and how we help from the first court date.
Children’s Court representation
Private representation for parents and family members at every stage of care proceedings.
Dispute resolution conferences
Preparing you for conferences and helping you put forward practical proposals.
Working towards having your children safely returned to your care.
Advice on guardianship orders and long-term placement plans.
Applying to vary or rescind care orders when circumstances change.
If there are concerns regarding the safety, health and wellbeing of a child, the Children’s Court has jurisdiction to make court orders to protect the child.
Caseworkers within the Department of Communities and Justice are responsible for ensuring the safety of children and can act under the Children and Young Persons (Care and Protection) Act 1998.
Caseworkers will not automatically remove a child, but try to work with families to alleviate the risk and to avoid removal where possible. However, sometimes this is not possible, and they will commence proceedings in the Children’s Court to have orders made to protect the child initially on a temporary basis and then on a long-term basis.
Being contacted by the Department of Communities and Justice (DCJ) can be confronting, but how you respond early on can make a real difference. If a caseworker contacts you:
Caseworkers will often try to work with families to reduce the risk to a child before going to court. Getting advice early can help you understand your rights and work constructively with DCJ.
Yes, in limited circumstances. Under the Children and Young Persons (Care and Protection) Act 1998, a DCJ caseworker or a police officer can remove a child or young person without a warrant if they are satisfied, on reasonable grounds, that the child is at immediate risk of serious harm and that an apprehended violence order would not be enough to protect them.
If a child is removed, DCJ must apply to the Children’s Court for a care order within three working days of the removal. If your child has been removed, contact a care and protection lawyer straight away so you can be represented from the first court date.
The parties who have a right to appear in a care and protection case include:
Only parties to the court case will be given information about the court case, such as copies of documents and court results.
The Children’s Court is a closed court, meaning hearings are not open to the public.
Children and young people in care proceedings usually have their own lawyer, who is separate from the parents’ lawyers and from DCJ. The type of representation depends on the child’s age and their ability to give instructions:
The Children’s Court can make a different decision about a particular child where appropriate.
Proceedings are commenced by DCJ filing a care application at a Children’s Court registry.
If a child has been removed from their parents’ care, DCJ must apply to the Children’s Court for a care order within three working days of the removal.
All parties should be served with the application, related documentation and a notice of listing advising them when and where the matter is listed before the court.
At the first court date, the Court will often make an interim order allocating parental responsibility to the Minister. The matter will then proceed to the “establishment” stage.
In this stage, DCJ must satisfy the Court that the child is in need of care and protection, or was at the time they were removed. Parents have two options – to agree that the child was in need of care and protection (this can be done on a “without admissions” basis) or to dispute establishment. If disputed the matter will then proceed to an establishment hearing.
Care and protection cases are often adjourned in the early stages of the proceedings to enable the parties to gather information and prepare documentation including issuing subpoenas, for parties to attend a dispute resolution conference and/or for assessments to be conducted.
Once establishment is found, the proceedings move to the “placement” stage. DCJ will prepare a care plan setting out the proposed long-term arrangements for the child, and the Court will decide what final orders to make.
If at any stage during the proceedings everyone agrees on what final care orders should be made, then final care orders can be made “by consent”. If final orders are made, this will be the end of the case.
A dispute resolution conference (often called a DRC) is a meeting run by a Children’s Registrar, who acts as a conciliator between the parties. The Children’s Court can refer a care application to a dispute resolution conference before or at any stage during the proceedings.
The purpose of the conference is to give the parties an opportunity to agree on the action that should be taken in the best interests of the child, which can avoid the need for a contested hearing. We can prepare you for the conference, attend with you and help you put forward practical proposals.
The Court can make many orders for a child under its jurisdiction, but the main types of orders include:
The Children’s Court can make one or several of these orders all at the same time.
When a child cannot safely remain at home, DCJ must assess whether there is a realistic possibility of the child being restored to their parents within a reasonable period, and prepare a permanency plan for the child’s long-term care. The Children’s Court considers that plan before making final orders.
The law sets out an order of preference for a child’s permanent placement:
For Aboriginal and Torres Strait Islander children, adoption is the last preference, and additional principles apply to keep children connected to their family, community and culture.
The team at ALA Law works hard to support parents seeking restoration of their children (having the children returned to their care).
During the proceedings, DCJ prepares a Summary of Proposed Plan (or SOPP). It sets out DCJ’s current plan for the children, including whether restoration is considered realistic and the steps you need to take and milestones you need to reach. It is not DCJ’s final position and may change as the case progresses.
We can help you work through these steps and present evidence of the changes you have made. The Court will consider your progress, the position of DCJ and the views of the other parties when deciding whether final orders should provide for restoration. If final orders have already been made, you need the Court’s permission (leave) to apply to change them, and you must show there has been a significant change in circumstances since the orders were made.
Yes. A parent, a person with parental responsibility, DCJ, the child or another person with a sufficient interest in the child’s welfare can apply to the Children’s Court to vary or rescind a care order. This is often called a section 90 application.
You first need the Court’s permission (leave) to make the application, and the Court will only grant leave if there has been a significant change in relevant circumstances since the order was made. These applications need careful preparation and strong evidence, and we can advise you on your prospects before you apply.
What our family law clients say
★★★★★Google review
Amanda worked hard to bring my family law matter to a conclusion in a way that was fair to all parties, in the face of many obstacles. In contrast to other lawyers I have dealt with, Amanda took the time to listen to not just what I wanted done, but how I wanted it done.
In addition, Amanda's experience as a mediator allowed her to negotiate effectively on my behalf, bringing my matter to a conclusion several months quicker than it might otherwise have gone.
Alan
★★★★★Google review
I was going through an acrimonious property settlement with my ex and ALA Law were kind, professional and kept me informed promptly because of which we managed to reach settlement within 11 months of them taking over something that had made literally no progress over nearly 18 months prior to that! Bernadette Melhem and Rosemary Aloisio were both amazing, it was great to see that they have an excellent team work within their own firm which is tremendous significance to their clients. Narelle Parker was responsive, empathetic and a wonderful listener! Thanks ALA Law! I will be happy to recommend your firm to others.
Ravi
Amanda and Aimee were kind enough to take on my case to help have a superannuation split in a divorce. Although I was completely overwhelmed and understood almost nothing relating to the law surrounding this process I was kept in constant communication and had each step explained to me thoroughly. I also had my Will, Power of Attorney and Guardianship paperwork finalised. I highly recommend the staff at Amanda Little & Associates for any legal matter knowing you will have professional and competent representation. Many thanks.
With permission of client
Thank you to ALA Law for your assistance in a family law matter. Special thank you to Paralegal Michelle Cox and Solicitor Julia Davies for their empathy shown. I particularly appreciated their no nonsense approach, updates in a timely manner, forewarning of expectations and realism. I felt supported in my process. Thank you for all you did.
Jessica
I couldn't be happier with the service provided by Jacinta and ALA over the last almost 2 years. I felt supported, heard, safe and every single aspect of our case was handled with professionalism and respect. Jacinta was excellent and I'm extremely grateful we had her taking care of us through one of our most challenging and vulnerable times. Thank you so much, Jacinta and all of ALA.
Millie
I approached ALA when I was going through a separation. Understandably, this was a tough and emotional time for me, and it was hard for me to think straight. As soon as I met [Lawyer] from the ALA family law team, I felt supported. [Lawyer] and her team were professional, caring, and have a thorough knowledge of the process. It felt good to hand over the hard parts to the ALA team. [Lawyer] was able to guide me through to an amicable resolution. She always responded to my emails within 2 days and was available to answer my questions. I would also like to thank Narelle in the Conveyancing Team who professionally handled my subsequent settlement. I would recommend the ALA team.
Sandra
ALA Law maintained clear communication throughout my family law matter and managed expectations with consideration and accuracy. Their extensive experience with family law meant that mediation proceeded smoothly and was concluded on the day, to the satisfaction of all parties. Highly recommended.
Rachel
As a male in a custody dispute, we are more than often forced to fight harder than expected just to have the opportunity to be a part of our children's lives.
Amanda Little & Associates helped to resolve my matter in a way that everyone involved walked away happy and I would highly recommend their services to anyone seeking professional assistance in a family law dispute.
Steve
★★★★★Google review
I was fortunate enough to have Rosemary and Lisa work on my case. Both were hard working and they were there to show support where needed. Both professional and hard working and over all just lovely people to deal with who were sympathetic to the delicate situation at hand. Highly recommend you get in touch if you are after an awesome lawyer.
Dominique
★★★★★Google review
Rosemary & Lisa were amazing to deal with, extremely professional and worked tirelessly to get me the best result possible. I highly recommend their services for any Family Law matter as they have the knowledge and expertise to fight for what is rightly yours.
Kate
★★★★★Google review
Amanda was my lawyer through my property settlement, she did a wonderful job and I have recommended her to my family and friends.
With permission of client
★★★★★Google review
I recently had the pleasure of working with ALA Law for my settlement case, and I couldn't be more satisfied with their services. From the very beginning, their team demonstrated exceptional professionalism and dedication. They were always available to answer my questions and provided clear, concise explanations throughout the process.
Their expertise and strategic approach ensured a favorable outcome for my case. I felt supported and confident knowing that I had such a competent team on my side. I highly recommend ALA Law to anyone in need of legal assistance. Their commitment to their clients is truly commendable.
Thank you so much to [Lawyer], Jessica and Narelle for all their hard work
Erick
Would you like to discuss your situation with a care and protection lawyer?
Please contact our child protection lawyers in Penrith for advice and help with care and protection matters on
