If the President of the Children's Court or a magistrate grants or refuses an application for an interim accommodation order, a party to the proceeding may appeal against that order to the Supreme Court.
A party to a proceeding may appeal against the granting or variation of a protection or permanent care order of:
- a magistrate - to the County Court of Victoria; or of
- the President - to the Supreme Court of Victoria.
An appeal by a party against an order of the Children’s Court may be lodged at any Children’s Court venue that hears Family Division cases.
An appeal should be lodged within 30 days of the court order being made. An appeal can still be lodged after that period. However, it will then be up to the County Court / Supreme Court to decide if leave to appeal out of time should be granted.
Generally, the person lodging an appeal must attend the court personally in order to complete the necessary paperwork. If, however, the appellant is a child under 15 years of age an appeal may be lodged on the child’s behalf by the child’s parent.
At the time of lodging an appeal the appellant will be advised of the date and place of hearing of the appeal and provided with copies of the notice of appeal.
The appellant is required to provide copies of the notice of appeal to the other parties involved in the case.
It is recommended that legal advice be obtained prior to lodging an appeal.
More information about lodging an appeal can be obtained by contacting the registry at any venue of the Children’s Court that deals with child protection cases.