The Children’s Act is designed to look after the interests of children and protect them if their parents abuse or neglect them. The Act says police or a designated social worker can take abused or neglected children away from their homes, to a ‘place of safety’ without a court order in certain circumstances. The Children’s Court will hold an enquiry to decide whether the parents or guardian are fit to have custody of the child. The court says they are unfit if they:

• Are so mentally ill that they cannot provide for the child
• Assaulted or ill-treated the child or allowed someone else to assault or ill-treat the child
• Let the child commit crimes, or be seduced, kidnapped, or used as a prostitute
• Do not support the child by providing maintenance
• Neglect the child or let someone else neglect the child
• Cannot control the child, for example to make sure he or she goes to school regularly
• Abandoned the child
• Do not seem to have any means of support

If the court finds that the child has no parent or guardian, or an unfit parent or guardian, then the court can say the child must go to a foster home or a children’s home. Or the court can say the child must go back to his or her parents and the parents must follow any conditions the court gives them, or they will lose the child.

(See: Children’s Courts)