If your child has just been removed by the Department of Communities and Justice, or you have been told it is about to happen, you are probably frightened and finding it hard to think straight. So let me give you a clear answer. Yes, DCJ can remove a child in NSW. But removal is not the end. There is a court process with strict deadlines, and there is a real path back to your child. The next few days matter most, and getting advice from experienced child custody lawyers in Sydney early is the single biggest thing you can do. Here is exactly what to do now.
First steps in the first few days
Start here. These are the moves that protect your position, and step two is the deadline most parents miss.
- Get legal advice today. Call Legal Aid NSW or a family lawyer straight away. You do not have to work this out alone.
- Find out the court date. After a removal, DCJ must file a care application in the Children’s Court within three working days (s 45, Care and Protection Act). The clock starts ticking the moment your child is taken.
- Turn up on the first day. A duty lawyer can help you at court even if you do not have your own lawyer yet (Children’s Court, parents and guardians).
- Keep everything in writing. Dates, who said what, and any paperwork DCJ gives you.
What you need before you start
Before your first court date, try to have these ready:
- Any DCJ paperwork, or the care application itself.
- Contact details for a lawyer or for Legal Aid NSW.
- A short written account of your circumstances, in your own words.
- The names of any relatives who could care for your child.
Can a child be removed from parents in NSW?
Yes. DCJ, or the police, can remove a child without a warrant if they believe a child is at immediate risk of serious harm. DCJ can also ask the Children’s Court for an Emergency Care and Protection Order. That order lasts a maximum of 14 days, and it can be extended once for a further 14 days. It is a short-term safety measure, not a final decision about your child’s future.
This all happens in the Children’s Court. That is a different court from the family court that decides parenting disputes between two parents. Care and protection matters run on their own track, with their own rules.
What are the grounds for removal?
A child can be the subject of a care order when they are viewed as, in the words of the law, in need of care and protection (s 71, Care and Protection Act). In plain terms, that usually means they believe the child is at risk of significant harm from abuse, neglect, or family violence.
The four stages of care proceedings
Once a care application is filed, the Children’s Court works through four main stages (Children’s Court, care and protection):
- Interim orders. Temporary arrangements for your child while the case is decided.
- Establishment. The court decides whether your child is in need of care and protection.
- Placement. The court decides who cares for your child, and on what basis.
- Final orders. The longer-term decision about your child’s care.
Knowing what is coming takes some of the fear out of it. Each stage is a step, not a verdict.
Can you contest the removal?
Yes. You have a right to be heard, and three things strengthen your chances:
- The three-working-day deadline. Because DCJ must be in court within three working days (s 45), your first chance to respond comes quickly. Be ready for it.
- Legal help on the first day. A duty lawyer at court, or Legal Aid NSW, can act for you from the start.
- Your child’s own lawyer. Your child has an independent legal representative who is separate from you and from DCJ.
Can your child come back to you?
Can I get my child back? The short answer is often yes. The court and DCJ assess whether there is a realistic possibility of restoration to you. That is the test that shapes everything that follows.
If your circumstances that they believe placed the child at risk change in a real way, orders can be varied or rescinded with the court’s leave (s 90, Care and Protection Act).
How to work towards restoration
Restoration is not automatic. It follows from showing the court that the concern which led to the removal has been addressed. Practical steps that support that:
- Engage with DCJ and the case plan, even when it is hard to.
- Deal directly with the specific risk that led to the removal, whether that means a course, treatment, or a change in your situation.
- Attend every contact visit and every court date.
- Keep records of everything you do.
- Get legal advice early, and follow it.
These are the steps that build towards an application to vary or rescind orders under s 90.
If your child cannot come home
If restoration is not possible, the court looks at longer-term care. NSW does not use “Permanent Care Orders”. That is a Victorian term, and you may see it used by mistake. In NSW the long-term options are a guardianship order, or an order placing parental responsibility with the Minister under the Care and Protection Act. Even then, contact and connection may still be part of the arrangement.
Can a relative care for your child?
Yes, and the court prefers it. Placing a child with a grandparent, an aunt, or another relative the child already knows is generally better than stranger foster care. This is called kinship care. If someone in your family could step in, tell your lawyer early, so their name is in front of the court from the start.
Aboriginal and Torres Strait Islander children
For Aboriginal and Torres Strait Islander children, the law sets a clear order of preference for placement: within the child’s own family first, then their community, then their wider culture. Keeping the child connected to family, community, and culture is a genuine part of the decision, not an afterthought.
The types of court orders
The correct name for the short-term emergency order is an Emergency Care and Protection Order, or ECPO. You will sometimes see it wrongly called an “EPO”. Beyond that, the Children’s Court can make interim orders, care orders, guardianship orders, and orders allocating parental responsibility to the Minister. The order that applies depends on the stage the case has reached and what the court decides your child needs.
Your child’s rights during the process
Your child has their own independent lawyer, separate from you and from DCJ, whose job is to look after your child’s interests. If your child is 12 or older, they can give that lawyer direct instructions about what they want. It can be reassuring to know your child has someone in their corner too.
How to appeal
If the Children’s Court makes a decision you disagree with, you can appeal to the District Court within 28 days. The appeal is a fresh hearing, not just a review of the first decision, so it is a real second chance to put your case.
Your first days after removal: a checklist
Save or print this and work through it:
- Get legal advice (Legal Aid NSW or a family lawyer).
- Confirm the court date.
- Gather any DCJ paperwork and the care application.
- Line up a relative who could care for your child.
- Write down your account of what happened.
- Turn up to court.
Where to from here
If your child has been removed, you are not alone, and this is not the end of the road. The system is frightening when you are in it, but it is a process with rules, deadlines, and a real path back to your child. Act early, get advice, and you give yourself the best chance.
If you want experienced child custody lawyers in Sydney in your corner, call me and my team on 1300 614 732, or book a chat with me and my team. We will explain where you stand and what to do next, clearly and without pressure.
Frequently Asked Questions
What does "child removed from parents NSW" actually mean?
It means the Department of Communities and Justice has taken a child into care because of a risk of significant harm. DCJ must then apply to the Children’s Court within three working days, and a court process decides what happens next. Removal is a safety step, not a final decision.
Can DCJ remove my child without a court order in NSW?
Yes. DCJ or the police can remove a child without a warrant if they believe that the child is at immediate risk of serious harm. DCJ can also seek an Emergency Care and Protection Order from the Children’s Court. Either way, the matter must go before the court quickly.
How long does DCJ have to go to court after removing my child?
DCJ must file a care application in the Children’s Court within three working days of removing your child. That short deadline is why getting legal advice straight away matters so much.
What is an Emergency Care and Protection Order?
It is a short-term court order, often shortened to ECPO, that is designed to keep a child safe while the situation is assessed. It lasts a maximum of 14 days and can be extended once for a further 14 days. It is not a final decision about your child.
Can I get my child back after removal in NSW?
Often, yes. The court and DCJ assess whether there is a realistic possibility of restoration to you. If your circumstances change, orders can be varied or rescinded with the court’s leave.
Can a grandparent or relative care for my child instead of foster care?
In some circumstances, yes. The court prefers placing a child with a relative they already know, such as a grandparent or aunt, if it is safe to do so, and they are willing to do so, over a stranger in foster care. If someone in your family could care for your child, tell your lawyer early so the court knows about them.
