What you need to know

Appealing a long-term guardianship order or permanent care order

Once a long-term guardianship order or permanent care order is granted, Child Safety will tell the child and the child’s parents about the decision (in writing). The child and the child parents have 28 days to seek an appeal against the decision.

Revoking a long-term guardianship order or permanent care order

A child, the child’s parents or the Director of Child Protection Litigation can apply to the Childrens Court to have a child protection order granting long-term guardianship to a member of the child’s family or another suitable person revoked.

Only the Director of Child Protection Litigation can apply to revoke a permanent care order.

For both orders, this usually only happens where there is a significant change in circumstances.

Giving the care of the child to someone else

A long-term guardian or permanent guardian cannot give the care of the child to someone else on an ongoing basis. The legal authority to care for and make decisions about the child is limited to the person stated on the long-term guardianship order or permanent care order.

If a long-term guardian or permanent guardian decides that they can no longer care for the child, they must contact Child Safety immediately.

Separation or divorce

In the event of separation or divorce, both long-term guardians or permanent guardians continue to have guardianship responsibility for the child.

Only one guardian can continue to receive the fortnightly caring allowance. If the daily care of the child is to be shared, the guardians need to decide who will be paid the allowance.

As is the case for parents in the community, the guardians need to negotiate the daily care of the child. If a guardian subsequently remarries or re-partners, there is no requirements for the new partner to be approved as a guardian for the child.

If one, or both, long-term or permanent guardian passes away or is unable to care for the child?

If a child has two permanent or long-term guardians and one passes away, guardianship of the child remains with the surviving guardian. If both guardians were to pass away, guardianship of the child reverts to the child’s parents although Child Safety may consider another appropriate child protection order.

A sole guardian or guardian couple may document details of a nominated person, or people, they wish to be considered as the child’s guardian in the event of their death. While their wishes are not legally binding, by informing Child Safety and/or recording their wishes in a will, they enable Child Safety to consider inviting the nominated person to apply to become an approved carer for the child, should this be required.

If the child passes away

In the unfortunate event that a child subject to a long-term guardianship order or permanent care order passes away, the child’s guardian should notify Child Safety as soon as possible.

If a child dies, the child protection order is no longer in effect. This means that all duties, powers and responsibilities of the guardian are returned to the child’s parents. This includes decisions about the child’s funeral and the handling of the child’s belongings.

Child Safety can assist with the expenses associated with the child’s passing, such as funerals and memorial services.