Child protection proceedings
The Childrens Court (Magistrates Court) hold proceedings about applications by the Department of Child Safety or the Director of Child Protection Litigation regarding protecting children from harm.
The Childrens Court of Queensland hears appeals against child protection orders made by a magistrate. In these cases, the court makes a directive to protect a child from harm. These proceedings are held in a closed court.
Below are processes for performing tasks and filling documents as part of child protection proceedings.
Apply for a child protection order
Lodging an application
You can apply to revoke a child protection order only if circumstances have changed since a full child protection order was made.
A Childrens Court magistrate hears and determines these applications. Only one application to revoke the order can be made unless the court gives leave for more.
Appeal a child protection order
You can appeal the decision of the court where a final child protection order has been made.
A District Court judge in the Childrens Court of Queensland hears and determines these appeals.
You must lodge your appeal within 28 days of the order being made.
File an affidavit regarding child protection proceedings
An affidavit or is a sworn document that must be filed with the court registry before the next court mention.
File enough copies so all parties receive a copy with the court seal affixed. The court retains the original document to form part of the file.
To file the affidavit:
- Take the affidavit to the registry of the courthouse that’s hearing the matter.
- Take enough copies for all parties involved.
- Have the registry place a court seal on the left-hand margin of each copy.
- Deliver a copy bearing the court seal to each party involved in the matter.
- Give the court the original affidavit for the file.
Request a transfer of proceedings to another location
To ask that proceedings be transferred to another court location, write to the court where the case is being heard and explain your reasons for the request.
You must also appear at the next court mention to pursue your request.
Issue a subpoena in child protection proceedings
- Check with the registrar of the relevant court to determine the correct procedure.
- Complete and file a Form 23 - Request for subpoena or at the court registry.
- Complete and file a Form 24 - Subpoena or , which is issued by the registrar.
- Serve subpoena on the person/entity named.
Request a transcript
For all enquiries about transcripts and recordings, including closed court proceedings, see Transcripts and recordings.