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Where am I now? Lawlink > Children's Court > Common Questions (FAQs)
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Common Questions (FAQs)
How do I see a solicitor?
Legal Aid provides in-house duty solicitors at Campbelltown, Bidura, Lidcombe and Cobham Children's Courts. At all other Children's Courts, Legal Aid pays private solicitors to be at court to see all children. The Aboriginal Legal Service sends solicitors to some Children's Courts.
You do not have to make an appointment before the court day to see a solicitor at 9.00 am. The solicitor will see you before you go into court. The Children's Court starts at 10.00am. You should be at court so that the solicitor can spend time with you before court. Remember there are other children that need to see the solicitor. The solicitor will see the children on a first in basis.
Do I have to pay for a solicitor?
Legal Aid provides free representation to all children under 18 years except for driving offences where the child was 16 years. These matters will be dealt with at the Local Court.
How can I help my case?
It is best for you to write down on a piece of paper your version of events. Give your version to the solicitor at court. It will help the solicitor work out whether you have a defence or are guilty of the offence.
If you plead guilty, the it would help if you could bring a reference to court. The reference should say that the writer knows that you are before court for the particular offence.
What do I do if I believe the Police did not treat me fairly?
If you have a complaint about the police, you should make a complaint to the Local Area commander. If you want to take the matter further, you can make a complaint to the Ombudsman on tel: 9286 1000.
What is a Care Application?
A Care Application is an application to the Children's Court for a Care Order. It is the main way that DoCS can obtain an order from the Children's Court to protect the safety, welfare and well-being of a child or young person.
For more information read the following brochure:
Care Applications brochure (23 kb) Care Applications brochure (41 kb)
I believe that I have a serious or persistent conflict with my child – what should I do?
A serious or persistent conflict is a disagreement or a series of disagreements between a parent and their (usually older) child or young person that places the safety, welfare and wellbeing of the child or young person in jeopardy. Examples of serious or persistent conflicts might include:
- arguments between a parent and a child or young person that grow into physical abuse of the parent by the young person;
- a child or young person sneaking out of the house most nights and coming home drunk or high
- a child or young person refusing to stop hanging out with dangerous people
The first option available for parents and young people in this situation is to ring the Department of Community Services (DoCS) Helpline on 132111 or the DoCS Parentline on 132055 and request assistance.
For more information read the following brochure:
Serious and Persistent Conflict brochure (19 kb) Serious and Persistent Conflict brochure (42 kb)
What is a Temporary Care Arrangement?
A Temporary Care Arrangement gives DoCS the right to decide where the child or young person should live and to make decisions about the day to day care of the child, including:
- consenting to medical and dental treatment (except for surgery or medical treatment that might have long-term effects),
- consenting to emergency surgery if a doctor or dentist certifies that the child really needs it,
- correcting and managing the child's behaviour,
- giving permission to participate in activities, such as school excursions and sports
DoCS usually allows the person with whom the child is actually placed to make these decisions on behalf of DoCS.
For more information read the following brochure:
Temporary Care Arrangements brochure (19 kb) Temporary Care Arrangements brochure (33 kb)
What is a Dispute Resolution Conference?
A Dispute Resolution Conference is a meeting between you, Community Services, your child’s lawyer and any other parties.
For more information read the following brochure:
Dispute Resolution Conference brochure (371 kb)
Obtaining copies of Children’s Court Transcripts and Court Orders
The Department of Justice and Attorney General is the primary provider of recording and transcription services to the Children's Courts of New South Wales.
Court Orders (either interim or final) are issued direct from the Children’s Court.
To obtain a copy of either a transcript or a court order of a Care proceeding, a written request needs to be sent to the Registrar of your Children’s court. To maintain confidentiality and protection of the child or young person involved, copies of transcripts and court orders are generally only provided to those parties directly involved in the court matter. If you are not directly involved in the proceedings, you must explain why you require a copy.
To ensure identification of the correct matter in your letter, please provide the case number, date of hearing, and name of the child(ren)/young person(s), along with the return address. Fees may apply.
Generally transcripts are provided in paper form. However, an audio tape of the proceedings may be provided in some circumstances. Also see how transcripts are prepared.
Access to Resources for Academic research purposes
Where researchers seek access to proceedings for a single court, written application should be sent to the court for consideration. If access is required to proceedings across multiple courts, your application should be directed to the President of the Children’s Court of New South Wales.
You must show that you have reasonable cause to be granted access. For example, if you can show that the purpose of the study will provide some public benefit and will be used in the public domain.
The researcher must provide all necessary details to enable the records to be located.
Please be advised that it is prohibited to publish information that may identify a child appearing before the Children's Court.
Interpreting and Translation Services
For Care proceedings, interpreting and translation services will be organised for you through the Department of Community Services if required. For criminal proceedings, please contact the court where the matter will be heard.
Children’s Court statistics
The Children’s Court provides statistics on the number and length of matters which are published in the Department of Justice and Attorney General's (DJAG) annual report.
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