Family law goes beyond divorces, guardianship, and child custody matters. It also covers children’s protection carried by the Family and Community Services (FACS). Overseeing this program is the  New South Wales (NSW) Children’s Court. Care proceedings involve the parents and the children wherein care and protection lawyers represent the child. DFC investigations also take place when there is potential abuse and neglect in a variety of ways. These particular lawyers are often involved in the following situations.  

• Domestic Violence 

Care and protection lawyers represent children in neglect, abuse, and custody cases. Statistically, children who fall victim to domestic violence make up almost 20% of child protective cases. These children suffer from trauma for being removed away from a parent who could also be a victim of abuse. They face being taken away from their homes and stay in foster care amid an active case.  

In many cases, the children have already been exposed to domestic violence in their own homes. One of the many purposes of care and protection lawyers is to give children a voice. They also seek to hinder or minimize the trauma that domestic violence often causes. There is a broad spectrum of domestic violence that care and protection lawyers need to identify.  They must do so to reach sustainable solutions for their clients. If you find yourself in need of professional care and protection services, click here.  

• Awarding Guardianship 

There are many reasons that parents may not be able to care for their child or children anymore. It could be because of illnesses that deemed them physically or mentally incapable.  It could also involve situations such as medico-legal aspects, death, incarceration, or legal-related scenarios. Care and protection lawyers ensure to work with immediate family members, relatives, and potential guardians.  

The people who volunteered for the role are given the legal right to decide on behalf of the minor. They now must oversee the child’s mental and physical health and upbringing. Care and protection lawyers assist grandparents and those who want guardianship over the children, representing them in probate court or the juvenile court.  

• Protection Of Children’s Rights 

According to the parliament of NSW, every parent with children under 18 must attend to their responsibilities. It is stated under the Family Law Act 1975 that parents have the power to make decisions on the child’s long-term and daily care and development. The child or children have legal rights until they reach adulthood.

Parents can also decide if they need a lawyer for their child when both parents cannot decide on the custody and visitation rights.  Other contestable rights of the child include their right to education, medical care, food and nourishment, and others. Care and protection lawyers will assess the situation if parents are providing for their child’s needs or not. They should also evaluate why the parents or guardians aren’t able to do their main responsibility to their child.  

• Representing LGBTQ Rights Of Minors 

The Lesbian, Gay, Bisexual, Transgender, Queer (LGBTQ) youth are experiencing not only abuse and discrimination but also the elimination of services. Many fall into foster care without getting the help they need. Both the LGBTQ and Gender-expansive and Non-Binary (GNB) children are still suffering from the flaws of the child welfare system. Examples are neglect of their particular needs and lack of support from the community.  This includes help from within their families, adults, and other communities.   

The LGBTQ Rights Project came into fruition under the collaboration of social workers and two attorneys. The campaign does the following: 

• Analyse the needs of the LGBTQ and GNB minors who are in the foster care system. 
• Show support, develop, and implement improvement plans for both the child support system and the needs of the children individually. 
• Educate and raise the awareness of the involved youth about their rights through workshops and printed handbooks that contain services and programs available for them. 

• Adoption Process 

Care and protection lawyers can also assist with the adoption of children. Adoption is a process that shifts the birth parent’s parental rights to the adoptive parents.  Thus, the child has a chance to have positive childhood experiences. The right attorney will offer their services and represent either hetero or same-sex couples who wish to adopt, foster these children. 

According to the Adoption Act 2000, adoptions are possible as long as the child is less than 18 years of age and has been cared for by the applicant before turning 18, among others.

In Conclusion 

The sole purpose of care and protection lawyers is to represent children and oversee their best interests. Moreover, children are caught in messy situations that involve their parents. These lawyers are here to make sure the young ones get the best representation for their physical and mental well-being.