Government of Western Australia State Coat of Arms
Children's Court of Western Australia
Government of Western Australia State Coat of Arms
Children's Court of Western Australia

Protection and Care Application

For a protection order the Department of Communities will make an application. A report is also submitted to the court. The report sets out all the concerns they have for the child's safety and wellbeing.

After the Children's Court receives the application, a date is set for the first hearing. It will usually be three working days after the application is filed.

The application and the report are served on each parent. That means that it is personally given to them by hand. Anyone else who looks after the child will also get the application.

A court case starts when the Department of Communities lodges an application.

Each protection and care matter is a bit different in the court process. As the situation of each case and each family is different.

The Children's Court tries to finish protection and care cases within 12 months. This is so decisions about children can be made in a timeframe that works for them.

People Involved in a Protection and Care Application

A "party" to a case is someone who has a legal right to have a say about what should happen with the case.

In a protection and care case, the parties are usually:

  • The Department of Communities. The case worker and team leader will be involved in the case, as well as the Department's lawyer.
  • The parents of the child.
  • The child or a child representative.

Other people can also ask the court to be a party to the case. That usually means a person who has been very involved in the care of the child or wants to be very involved.

The court will decide whether the person has an interest in the wellbeing of the child.

Last updated: 10 April 2024

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