Family inclusion in child protection: Law, courts and balancing risks

Abstract

Australian child protection systems are being challenged to find more effective ways of responding to the needs of children and families. This article describes legal processes that govern children’s removal from their families and queries whether we are doing enough to prioritise children’s relationships with their families. The court’s capacity to review the decisions of state welfare authorities and evaluate risks of children being removed is considered with reference to research with stakeholders and a recent case in the NSW Children’s Court. The authors argue that reforms which emphasise family inclusion and address power differentials could provide better outcomes for children.