Can my views be taken into account, even though I am not a parent?

By Best Wilson Buckley Family Law |16 July 2024 |Mediation and Family Dispute Resolution-Articles

Can my views be taken into account, even though I am not a parent?

Recently, we have fielded enquiries from people who have grandchildren, foster children, nieces and nephews currently subject to a child protection orders in Queensland. They ask whether they can be heard by the Court, despite not being a party to the child protection proceedings.

In Queensland, section 113 of the Child Protection Act 1999 provides a way for non-parents to participate in child protection proceedings and allows the Court to take into account, your views and wishes when determining what orders to make.

To allow you to participate, the court would need to be satisfied that that you have a significant interest in the care, welfare, or development of the child. This can include:

  1. - Prior to the department’s involvement, you were actively involved in the child’s life;
  2. - You hold information regarding the care or welfare of the child that would benefit the Court;
  3. - You hold a genuine concern for the child’s welfare;
  4. - The child would benefit from your participation; or
  5. - Your cultural heritage is not being properly considered by the Court, as it relates to the child.

The court will assess the application based on the eligibility criteria and the best interests of the child. Both the parents and the department will be given an opportunity to respond to your ability to participate.

If the court grants the application, you may be allowed to attend hearings, present evidence, and provide input on matters concerning the child's welfare. If appropriate, the Court may allow you to participate, however, restrict what events you are able to participate in or restrict the court material you are allowed to view.

The purpose of this is to ensure that all relevant perspectives are considered in decisions impacting the child's safety and well-being.

Non-parents who are allowed by the Court to participate in child protection proceedings may seek legal representation to advocate on their behalf.

Legal advice can help non-parents participating under section 113 understand their rights, obligations, and the legal implications of their involvement in the proceedings.

Contact our Brisbane, Ipswich, North Lakes, Toowoomba or Dalby offices today or email us at [email protected].

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