Care & Protection
4. Receiving Court Documents
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 29 Jun 2015
- Read the documents carefully and note the date, time and location of your court appearance.
- Make sure you go to court at the correct time with or without a lawyer. Advise court staff when you arrive at court.
- If for any reason you are running late or cannot attend make sure you call the court registry and ask them to tell the magistrate for you. If you have a medical reason it is a good idea to fax through a certificate from your doctor. You can find the name of the court on the documents near the time and date. You will then need to look up the phone number of the court registry on the internet or in a telephone book. It can also be helpful to call your caseworker as they may be able to assist in getting your message to the magistrate and it is important to keep them informed.
- In some states there are duty lawyers at court who are available to help you on the first day at court. They may be able to represent you or refer you to lawyers who can. If you need more time to obtain legal representation they may be able to tell the magistrate this and ask for more time (an adjournment). Our free Find a Lawyer directory may help put you in touch with the assistance you need.
- The court documents you may be served with include:
- the application filed by the department detailing what court orders they want; and
- an affidavit (sworn statement) with the evidence to support the application.
- The legislation also outlines a number of ‘grounds’ that show that a child is in need of care and protection. The department must also list in their application which ground(s) they claim are present and which in their opinion puts the child at risk.
View more Information on Family Law