Going to court for a child protection case

Do I need a lawyer if the Department takes me to court?

If you are a child or young person the court may order that you have a lawyer.  

If you are a parent or another party to the case, you don’t have to be represented by a lawyer. However, preparing and presenting your own case can be complicated. You should get legal advice.

Do I need to go to court for my protection and care case?

You should:

• get legal advice if your case is at the Children's Court, and
• go to court each time your case is on at court unless your lawyer or the court tells you that you don’t need to. 

If you don't go, decisions might be made in your case without the court knowing what you want and what you think is best for your child.   

What do I need to do before my protection and care court date?

Try to get legal advice before court.

Before the hearing date look at your court papers to see what time you have to be there. If you don’t have the papers, contact the Department to get a copy.  At Perth Children's Court the duty lawyer service can often help you get a copy of the Department's initial application and report in support. Try to get to court about half an hour before the first court hearing.

What will happen when I get to court?

At Perth Children’s Court security staff will let the court orderly know you are at court.

At regional courts go to the counter when you get to court and tell the court staff or orderly in court you have arrived.  

Your case may not be heard straight away.  Do not leave the court until your case is heard.

What happens when I go into the courtroom?

When you go in to the courtroom, make sure your phone is turned off. Stand behind the table at the front of the court on the left side, facing the magistrate.

Once everyone is there, the magistrate will ask what is happening with your case.

How do I let the court know what I want?

If you are a parent responding to a protection and care matter in the Children’s Court, you will want to tell the magistrate and everyone involved in the case:

• what you think is best for your child;
• what you have to say about the Department’s application and report in support;
• your side of the story.

One of the ways you can do this is by completing a Response form to put your views and evidence down in writing. You can also have your say at a final hearing.

Resources

• Blurred Borders Keep em Safe fact sheets:
  • Process map - court process
  • Child Protection has taken my children – what can I do?
  • What happens in the Children’s Court?
  • What do lawyers do in child protection cases?
• Preparing for a final hearing in a protection and care matter in the Children's Court of WA
• Representing yourself at a final hearing for a protection and care matter in the Children's Court of WA

More information

• Children's Court of WA - Court forms you might need

Reviewed: 13 December 2022