Common questions
Childrens Court (Magistrates Court) - criminal
Is the Childrens Court the same as the Family Court?
No. The Family Court of Australia is a federal court, while the Childrens Court is a state court. The federal court jurisdiction is separate from the state court jurisdiction.
Does the Childrens Court deal with matters relating to custody issues between parents?
No. Proceedings relating to custody issues between parents are dealt with by the Family Court of Australia.
Are duty lawyers available for juvenile justice proceedings?
Yes. Juveniles can access a duty lawyer by submitting a duty lawyer form before each court mention to ensure they are legally represented. Duty lawyer forms are available from Legal Aid Queensland.
Are duty lawyers available for child protection proceedings?
No. Anyone seeking legal advice should make enquiries with Legal Aid Queensland, The Aboriginal and Torres Straight Islander Legal Service or a private solicitor before attending court.
What is the difference between a parent lodging an application to revoke a child protection order and lodging an appeal?
An application to revoke a child protection order may only be lodged if the circumstances have changed since a full child protection order was made. These applications are heard and determined by a Childrens Court magistrate. Only one application to revoke the order can be made unless leave is obtained from the court.
An appeal may be lodged against the decision of the court where a final child protection order has been made. Appeals must be lodged within 28 days of the order being made. Appeals are heard and determined in the Childrens Court of Queensland (weblink) by a District Court judge.
What is the procedure for filing an affidavit with the court in relation to child protection proceedings?
An affidavit is a sworn document which must be filed with the court registry before the next court mention. Sufficient copies must be filed so copies of the affidavit with the court seal affixed can be provided to all parties involved. The original document is retained by the court to form part of the file.
Steps for filing an affidavit
- Take the affidavit to the registry of the courthouse that is hearing the matter
- Ensure there are enough copies for all parties involved
- The registry will place a court seal on the left hand margin of each copy of the affidavit
- Deliver a copy bearing the court seal to each party involved in the matter
- The court will keep the original affidavit for the file.
How does a party request the transferral of proceedings to another court location?
These requests must be made in writing to the court where the case is currently being heard. The reasons for the request must be outlined in detail. The party requesting the transfer must also appear at the next court mention to pursue their request.
Last updated Wednesday, 3 September 2008 14:28
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