How the system works in the Territory
Child protection in the Northern Territory is governed by the Care and Protection of Children Act. If the Department of Children and Families believes a child is in need of protection it can investigate, ask a parent to agree to a temporary arrangement, take a child into provisional protection or apply to the Local Court for an order.
The court can make a temporary protection order while a matter is being decided, and a protection order at the end. A protection order can include
- directions about how a child is to be cared for, with the child remaining at home
- daily care and control of the child being given to the Department or another person
- parental responsibility being given to the Department or another person for a short term or a long term
Your rights as a parent
Parents are parties to the proceedings. You are entitled to see the material the Department relies on, to respond to it, to be heard by the court and to be legally represented. An order is not automatic just because the Department has applied for one.
If you are asked to sign an agreement about your child’s care, get advice first. These arrangements are voluntary and it is important to understand what you are agreeing to and for how long.
Family members and kin
Grandparents, aunts, uncles and other family members often play a central role. Family members can ask to be joined to the proceedings and can put themselves forward to care for a child. For Aboriginal children, the law gives priority to placement with family and kin.
What Elmy Legal does
- Responds to applications for temporary and final protection orders
- Negotiates with the Department about placement, contact and reunification plans
- Contests orders at hearing where agreement cannot be reached
- Applies to vary or revoke existing orders when circumstances have changed
- Acts for family members seeking to be joined or to care for a child
Our Principal Solicitor is a former Principal Lawyer of the North Australian Aboriginal Family Legal Service, and we have acted in care and protection matters across the Territory.
This page is general information and is not legal advice. Please get advice about your own circumstances before acting.
Child protection, answered.
Can I get my children back?
Where it is safe, returning children to their family is usually the first goal. What matters is identifying exactly what the Department’s concerns are and showing, with evidence, that they have been addressed. A clear reunification plan helps.
Is legal aid available?
Grants of legal aid are often available to parents in care and protection matters. Elmy Legal accepts Legal Aid NT grants in eligible matters and can help you apply.
The Department has contacted me but nothing is in court. Should I get advice?
Yes. Early advice helps you engage with the Department in a way that protects your position, and decisions made at the investigation stage often shape what happens later.
Ready to talk about your situation?
If you or your children are in immediate danger, call 000. For confidential family violence support at any hour, call 1800RESPECT on 1800 737 732.