What if a decision is required about which court should hear proceedings?
It is generally not in the interests of a child or their family, that there are proceedings in both a family law court and the Childrens Court. Child Safety Services, as the agency with statutory responsibility for child protection, decides the jurisdiction in which the protective concerns should be determined. Court Services Unit must be consulted about the most appropriate forum for determination of matters in each case. When deciding in which court the matter should proceed, refer to the practice resource Working with family law courts and consider matters such as: • which court is likely to provide the quickest and most effective solution to secure the safety and well-being of the child • is the child’s need for protection likely to be established and/or can the child’s well-being be more effectively assured through parenting orders • can the protective concerns be alleviated by a change in parenting orders • is there an appropriate parent or carer able and willing to lodge an appl
Related Questions
- Does the definition of "court" include administrative hearing proceedings? Do the same requirements apply to the executive branch agencies responsible for conducting those hearings?
- Can a party institute proceedings in the peoples court before the administrative authority makes its decision?
- What if a decision is required about which court should hear proceedings?
