WA Children's Court — Protection and Care Application (Children and Community Services Act 2004)

Issuing authority

Department of Communities WA / Children's Court of Western Australia

Official source

How to apply

1. Department of Communities (or in limited circumstances another party) investigates concerns about a child's safety, welfare, or wellbeing under the Children and Community Services Act 2004.
2. If the child is at immediate risk, the Department or police may take the child into provisional protection and care (with or without a warrant); the Department must apply to the court within two working days.
3. Download the relevant form from the Children's Court of WA forms page at https://www.childrenscourt.wa.gov.au/f/forms.aspx — the 'Application initiating care proceedings (by a party other than the Department of Communities)' is available as a fillable PDF.
4. File the completed application and supporting materials by emailing childrenscourt@justice.wa.gov.au or lodging in person at 160 Pier Street, Perth WA 6000.
5. The court schedules a first hearing, ordinarily within three working days of the application being filed.
6. The Department personally serves a copy of the application and notice of the first listing date on the child's parents and other relevant parties.
7. Parents/guardians may file a Response; legal representation (including Legal Aid WA) should be sought promptly given the tight timeframes.
8. The court case-manages the matter with the aim of completing protection and care proceedings within 12 months, which may include interim protection orders, family group conferences, and a final hearing.

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