Child Protection Orders Explained

Some of the orders that are made in the court are:

Interim Accommodation Orders

An interim accommodation order is an order for the temporary placement of a child, pending the final determination of an application.

Protection Orders

The court may make a protection order if it finds that:

• the child is in need of protection; or
• there is a substantial and irreconcilable difference between the person who has parental responsibility for the child.

Types of Protection Orders

If the court finds the child is in need of protection, the court may make any one of the following protection orders:

• An order requiring a person to give an undertaking to the court.

  An undertaking may require a child, parents or person who the child is living with to do, or not do, certain things for a specified period. Once an undertaking is given the Department of Families, Fairness and Housing (DFFH) has no further involvement with the child or family.

• A family preservation order.

  A family preservation order gives the DFFH responsibility for the supervision of the child for a specified period but does not affect a person's parental responsibility for the child. This order provides for the child to live with and be placed in the day to day care of one or both of the child's parents.  The DFFH supervise the care for the child during the period of the order.

• A family reunification order.

  This order gives parental responsibility for the child to the DFFH but does not affect the parental responsibility of any other person for the child in making decisions about major long-term issues (subject to the court deciding otherwise). Major long-term issues include issues about a child’s education, religious and cultural upbringing, long term health and a child’s name.

• A care by Secretary order.

  This order gives parental responsibility for a child to the DFFH to the exclusion of all others.  This order is made for a period of 2 years.

• A long-term care order.

  This order gives sole parental responsibility for a child to the DFFH. The order remains in force until the child turns 18 or marries. The child lives with the same person or persons (who are not a parent) until the order is finished.

All protection orders cease to be in force when a child turns 18. 

Permanent Care Orders

A permanent care order grants parental responsibility for a child to a person other than the child's parent or the DFFH. In effect, a permanent care order is similar to an adoption order, however, the permanent care order remains in force until the child turns 18 or marries.