Withdrawing a protection application

Follow this procedure when applying to withdraw a protection application.

Introduction

If a decision has been made that a protection application before the Court is no longer needed, child protection can apply to the Children’s Court to strike out (withdraw) the protection application.

Procedure

Case practitioner tasks

  • Seek advice from the CPLO solicitor, divisional solicitor or legal officer about the decision to withdraw.
  • Inform the family of the intention to withdraw the protection application prior to the Court hearing.
  • Provide the family with information about how to contact Victoria Legal Aid for advice.
  • Complete an addendum report, which outlines the background and evidence for the decision to withdraw the protection application.
    • Talk to your supervisor or CPLO or divisional solicitor about what should be included.
    • Seek feedback from the family about the report, if possible.
    • Obtain endorsement from your supervisor or team manager.
  • Three days before the Court hearing:
    • Submit the report to the Court.
    • Fax all reports to the CPLO solicitor or the divisional solicitor.
    • Give a copy of the report to the lawyers representing the child, the child’s parents or a party to the proceeding.
    • Give a copy of the report to the child if aged 12 years or older, the child’s parents and a party to the proceeding.
    • Arrange an appointment with the Victoria Legal Aid for a child aged 10 years or older so that the child can give instructions to a lawyer and avoid the need to attend court to give instructions.
  • Obtain consent in writing if the child’s parents or a party to the proceeding:
    • are not legally represented
    • have been served with a copy of the report, including the conditions sought by the department on the order 
    • cannot attend court
    • consent to the application after being given the opportunity to seek legal advice. 
  • Contact the Court to arrange security if there are worker safety issues.
  • Complete CRIS requirements including court screen and record of activity, decisions and rationales.

Supervisor tasks

  • Provide ongoing supervision and consultation.
  • Endorse and approve the court report.

Team manager tasks

  • Endorse the court report.

 

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