Generally, the Department of Family 
and Community Services will work with families as much as possible in order to keep children in their home. However, in some circumstances this isn’t possible and for the safety of the children, intervention must occur.
When Can My Children Be Taken?
- When there is a young person at immediate risk of serious harm AND
- An Apprehended Violence Order (AVO) isn’t enough to protect them
AND/OR
- When there is a young person in need of care and protection AND
- Is/or recently has been in a location used for prostitution, child prostitution or pornography, or has been participating in these activities OR
- A child is not under the supervision or control of a responsible adult, and is living in a public place and is in need of care and protection
In most situations, the children or child can be taken without a search warrant and the process after that will be for FaCS to make a care application in the Children’s Court within the next three working days.
If FaCS contact you about your children, or they have removed a child from your care you should contact a lawyer as soon as possible. Sarah is a highly experienced and skilled lawyer in care and protection and is committed to approaching your matter with empathy. If you need help, contact us at Reid Legal on 1300 33 7343 (1300 33 REID) or 0455 33 7343 (0455 33 REID).
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