The Children's Court made a decision I am unhappy about

An appeal means that a higher court may make a fresh (or new) decision when someone is unhappy with a decision of the Children’s Court. Decisions are usually appealed to the District Court.

Not all decisions can be appealed.

Appeals are complex and getting legal advice and representation early is really important.

Anyone who was involved in the original case in the Children’s Court can appeal against the decision if they are not happy with the order made.

If you want to appeal a Children’s Court decision, you have 28 days from the date of the decision to lodge your appeal.

You need to wait until the Children’s Court case has finished and the court has made a final order.

An exception to this is if the Children’s Court refuses you permission to be joined as a party to the case. If this happens you can appeal against that decision straight away without waiting for the case to finish.

The court hearing the appeal will take a fresh look at the whole case and make its own decision about what final orders to make. The court will usually have all the same evidence as the Children’s Court, as well as any new evidence that is important for the court to consider.

You cannot appeal against an interim order. An interim order is a short-term order made during the course of the Children’s Court proceedings.

For example, you cannot appeal a decision that your children are in need of care and protection (establishment), that gives someone interim parental responsibility for your children, or that sets the amount of interim contact you will have with your children.

If circumstances have changed since the orders were made, you can make an application asking the court to change the orders or to cancel the orders. For more information, see Booklet 3: Things have changed and I want my kids back: what can I do?

In rare cases, you may apply to the Supreme Court to change an interim order. These cases are very unusual and you should see a lawyer about whether it is possible in your case.

Legal Aid NSW and the Aboriginal Legal Service (ALS) can sometimes help if you want to appeal to the District Court or the Supreme Court. For more information, see the How do I get legal help? section below.