Going Back to Court
Sometimes cases need to come back to court to change the orders if the situation changes.
You should get legal advice if you are thinking about bringing a case back to court.
Order Examples
The Department of Communities might think the family still needs supervision.
The department could apply to extend the supervision order.
The Department of Communities believes it is unsafe for the child to go home.
They might apply to extend the time limited order.
The Department of Communities might think a child needs a longer-term plan.
They might apply to revoke the time limited order and replace it with an Until 18 Order.
That means the time limited order is cancelled and replaced with a new order.
Under the new order, the child is in the care of the Department of Communities until they are 18 years old.
They can do this if they think the situation has changed. They will need to show that it is safe for the child to return home to live with them.
If the protection order is cancelled the child will no longer be under the Department's care.
- PC002 - Application initiating care proceedings (Word) Opens document in same window.
- PC002 - Application initiating care proceedings (PDF) Opens document in same window.
- PC004 - Multiple Children Schedule (Word) Opens document in same window.
- PC004 - Multiple Children Schedule (PDF) Opens document in same window.
- Affidavit - Protection and Care (Word) Opens document in same window.
- Affidavit - Protection and Care (PDF) Opens document in same window.
- Annexure (Word) Opens document in same window.
- Annexure (PDF) Opens document in same window.
The court might revoke the until 18 order and replace it with a special guardian order.
That means that the under 18 order is cancelled.
There will be a new order appointing a special guardian to have all parental care for the child until they are 18.
The Department of Communities are no longer responsible for the child's care.
Everyone involved in the original case will be informed if the case is being brought back to court.
Everyone will have the chance to have a say. The case will run the same way as it did when it was first in Court.
Last updated: 10 April 2024