Appealing a child protection order
If you disagree with an order made by a magistrate in a child protection proceeding, you may be able to appeal the decision.
A decision may include:
- Temporary assessment order or temporary custody order
- Court assessment order or child protection order
- Interstate transfer decision.
Appeals are heard by a District Court judge in the Childrens Court of Queensland.
Once you lodge your appeal, the court will notify you of the hearing date. This can take several weeks or months, depending on the court’s schedule.
The appeal process allows you to challenge the magistrate’s decision and present evidence to support your case.
How to appeal
1. Check the timeframe
You must lodge your appeal within 28 days of the order being made.
2. Complete the documents
Fill out Form 42 - Notice of appeal to the Childrens Court of Queensland (DOCX, 39.6 KB)
You may wish to prepare an affidavit (PDF, 238.2KB) or (DOCX,41.5KB) explaining your reasons for appealing and include evidence.
This evidence could be, for example, parenting certificates, medical reports, letters from support services.
3. File your documents
Take the notice of appeal, affidavit, and enough copies for all parties to the Childrens Court registry.
The registry will place a court seal on each copy.
Submit the original notice of appeal and affidavit to the court for its file.
4. Serve the documents
Provide sealed copies of the appeal documents to all parties involved.
5. Attend the hearing
The court will notify you of the appeal hearing date. Be ready to explain why the magistrate’s decision should be overturned and to present your evidence.
Revoking a child protection order
If your circumstances have changed since a child protection order was made, you can apply to have the order revoked.
For example, you may have addressed the concerns that led to the order by completing a parenting program, improving living conditions, or resolving substance abuse issues.
Applications to revoke an order are heard by a magistrate in the Childrens Court.
The applications usually take several weeks to a few months to process, depending on the court’s schedule and the evidence provided.
How to apply to revoke an order
1. Check eligibility
You can only apply to revoke the order if there has been a significant change in your circumstances.
2. Complete the documents
Fill out Form 11 - Application to vary or revoke a child protection order (DOCX, 42.6 KB) or (PDF, 92.3 KB).
And prepare an affidavit (PDF, 238.2KB) or (DOCX,41.5KB) explaining the changes in your circumstances and include evidence.
This evidence could be, for example, proof of stable housing, completion of a counselling program, letters from caseworkers.
3. File your documents
Take the application, affidavit, and enough copies all parties to the Childrens Court registry.
The registry will place a court seal on each copy.
Submit the original application and affidavit to the court for its file.
4. Serve the documents
Provide sealed copies of the application and affidavit to all parties involved.
5. Attend the hearing
Be ready to explain why the order should be revoked and to present your evidence.
Issuing a subpoena in child protection proceedings
A subpoena is a legal document that requires someone to provide evidence or attend court.
Subpoenas are often used to get important documents or testimony to support your case.
How to issue a subpoena
1. Check the procedure
Contact the Childrens Court registrar to confirm the correct process.
2. Complete the forms
3. File the forms
Submit the completed forms to the court registry.
4. Serve the subpoena
Deliver the subpoena to the person or organisation named.
Requesting a transfer of proceedings
If attending court at the current location is difficult, you can ask for the proceedings to be transferred to another court.
How to request a transfer
1. Write to the court
Send a written request to the court where the case is being heard. Explain your reasons for requesting the transfer.
2. Attend the next court mention
You must appear in court to pursue your request.
Requesting a transcript or recording
If you need to review what was said during your child protection proceedings, you can request a court transcript or recording.
These can help if you’re:
- preparing for an appeal or further legal action
- clarifying details of the court’s decision
- wanting to better understand what happened during the proceedings.
Read more about transcripts and recordings.
Legal support and advice
Child protection proceedings can be complicated. If you need legal advice or help, contact:
