A lawyer can help you to understand the child’s rights, your rights and responsibilities, and the powers given to the government department. They can explain the rules that apply in your specific situation, the court process and procedures you will need to follow and inform you about options that are available and services that can assist you.

If a child protection department becomes involved with your family you will usually be assigned a caseworker who you can deal with directly. Your caseworker should explain to you their concerns about your child or children. They should also clearly explain what you are expected to do to try and address their concerns. Often if you co-operate and try to work with the caseworker by taking adequate steps to address their concerns your case will not end up in court.

A lawyer can assist you to better understand your rights and responsibilities when dealing with your caseworker and can sometimes help you negotiate with the. When this is successful it helps you avoid the stress and expense of arguing about your children in court. Obtaining legal advice and representation at an early stage may help you improve your outcome or avoid an outcome you don't want.

It is most often the case that a lawyer only becomes involved after a Child Protection Application has been filed with the court and the parent/caregiver needs legal representation. If your case does go to court a lawyer will explain the process and what you can expect.

Your lawyer can provide you with legal representation in the court and act on your instructions. They can tell the court your side of the story and explain what you are doing to meet the child’s needs and to address the concerns of the department. They can tell the court what outcome you hope for. Your lawyer also has a responsibility to the court to be frank (honest) and to bear in mind the best interests of the child. 

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