Care & Protection Fact Sheets

Welcome to Rafton Family Lawyers

Highly Qualified and Experienced Sydney Family Lawyers

The fact sheets contained in this section of the website are designed to help people involved in Children’s Court matters concerning the Department of Family and Community Services (FACS) in care and protection.

They are NOT for parties in family law disputes.

If you are seeking information about family law matters, please refer to the family law fact sheets about attending court and court orders in family law matters.

Alternately, contact us by email or phone our office on 1300 4FAMILY and we can provide you with a copy.

In the following fact sheets you will find information about:

What are the steps in arranging a mediation to see my children?

Separation is a difficult time for all parties involved including the children. Unfortunately, in many cases parents are unable to communicate directly with each other to arrange an agreement for each parent to spend time with the children. Mediation is an alternative dispute resolution process that can be helpful to assist the parties reach an …

What are the steps in arranging a mediation to see my children? Read More »

We have separated and I am not seeing the kids, what do I do now?

It is challenging for parents to come to an agreement regarding parenting arrangements during the time of separation as the relationship often becomes hostile and tense. If you are having trouble communicating with the other parent, you should seek legal advice from our firm. Our solicitors can provide you with advice as to your rights …

We have separated and I am not seeing the kids, what do I do now? Read More »

Contesting A Will – What You Need To Know?

In Australia each state has a different set of rules which apply when contesting a Will, so it is exceptionally important that if you intend on contesting a will, you do it in your state. In NSW eligible persons can contest a will by applying to the Supreme Court for a Family Provision Claim if …

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Going to Children’s Court

The Children’s Court of New South Wales hears children’s care and protection cases.  You will often hear these referred to as “care matters”.  The Children’s Court also deals with criminal law cases with children under the age of 18 however these generally sit in a different Court. The care and protection proceedings come under the …

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Principals of the Care & Protection Act

There are several principles and objects of the Care & Protection Act.  If you are interested in reading more about the Act, we will refer you to another fact sheet that details about Family mediation and etc. where you can download information from the internet or you can request a copy from our office.  In …

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Stages of Court Proceedings

If you find yourself before the Children’s Court in respect to an Application, it is likely that documents have been served on you. There are several stages to Court proceedings and several options available in Court proceedings in the care and protection area. If Family and Community Services (FACS) makes a determination that it is …

Stages of Court Proceedings Read More »

Orders That Can Be Made

At the conclusion of the final hearing, the Magistrate will make a range of Orders that can cover the following: Long term parental responsibility for the children. Contact between yourself and the children and other relevant persons. Provision of support services. Supervision of you, with the children returning to your care but being under the …

Orders That Can Be Made Read More »

Varying Orders

In some circumstances, parties will seek to vary or rescind care Orders after they have been made for a period of time. As a general rule, it is extremely difficult to set aside Orders and parties that bring such applications to the Court must show there has been “a significant change in relevant circumstances since …

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Your Responsibilities

As part of your proceedings in the Children’s Court, you have a number of responsibilities to ensure that you receive the best possible outcome for your children. It is important, even though things can get emotive and heated, that where possible you cooperate at all times with Family and Community Services, in particular the case …

Your Responsibilities Read More »

Read our plain English handbooks

These fact sheets are designed to provide an overview of the relevant issues and systems so that you have a better understanding of the process.

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