A member asked about 8 years ago

Trying to get kids out of foster case

My children are in foster care, I've had enough of my lawyer not doing anything. Is there any info for representing myself on doing a section 90  or can someone help? Me and my partner are on disability pensions  

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. It sounds like you are in a difficult position. From the information you provided, it is not clear what ‘section 90’ application you are referring to. You may be referring to section 90 of the Children and Young Persons (Care and Protection) Act 1998 (NSW) which allows a person to apply to the Children’s Court of NSW to vary a care order previously made by the court in relation to a child. However, we understand that you are in South Australia and so this section 90 application would not be available to you unless the child or children you are enquiring about are living in New South Wales.

As we do not have full details about your situation, the information provided here is of a general nature only and should not be taken as specific advice. The information assumes you and your children are living in South Australia.

In South Australia, if a child is at risk, Families SA may become involved to take steps to investigate the child’s family situation. If necessary, Families SA may apply to the Youth Court for a ‘Care and Protection Order’ with respect to the child. The order may remove the child from their family, place the child under the care of Families SA, or appoint someone who is not the parent as the child’s legal guardian. If Families SA becomes responsible for the child under a court order, the child may enter foster care.

A person affected by a Care and Protection Order can lodge an appeal of the court order if they believe it was incorrectly made and have legal grounds to challenge it. Alternatively, a person can apply to a court to have the order varied or revoked. If the parents or guardians of the child apply to have the order revoked so they can regain custody of the child, the court must first be satisfied that there has been a significant and sustained change on the part of the parents or guardians.

Suggested way forward

Regaining custody of children under state or foster care is a difficult process, and there are several legal issues you need to consider. The above information is of a general nature only. You should speak to a family lawyer to understand your legal rights and the best course of action. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered almost 8 years ago   Legal disclaimer


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