A Court Order that tells you to participate in a program, service, or course. They should only be used where the same program, service or course has been offered and you have declined to participate. If you agree to work with them, it does not require a Court order and should form part of a FAP or even a PRC. it might look like going to rehab, doing parenting courses, getting counselling for your mental health, or working with a domestic violence service. The Court must have evidence to show that there are issues with your parenting that could put your child/ren at risk of significant harm. This is decided through an assessment. They must also show it is reasonable and practical to do the PCO and that you would not complete the tasks they want you to complete without a PCO. They can also be used for bringing your child/ren home (restoration). There will be a Court date for the PCO, which you should go to.
There will be a Court date for the PCO, which you should go to. If you disagree with what the PCO says, or you disagree with it being made at all, the Children’s Court will probably say you need to have a Dispute Resolution Conference (DRC) with DCJ. When the Court is deciding to make a PCO, they must have evidence to show that there is a ‘deficiency’ in your parenting skills that could put your child at risk of significant harm. They must also make sure that it is reasonable and practical to ask you to comply with the PCO, and prove that you would complete the tasks they are wanting you to complete without using a PCO. The Court does not need your consent to make a PCO but it should hear from you whether you are consenting. Because of the serious consequences of breaching a PCO, if you are now consenting to doing programs or are willing to consider the supports offered, your lawyer may argue for the Court to reconsider whether there are less intrusive agreements that could be made (such as a FAP or PRC), to have the same affect.
The Court does not need your consent to make a PCO. If you disagree with what the PCO says, or you disagree with it being made, the Children’s Court can say that you need to have a Dispute Resolution Conference (DRC) with DCJ. DCJ are usually the ones who apply for the PCO, but the Court can also decide to make one on their own.
If you do not follow the PCO, DCJ might remove your children. Work with your lawyer and support services to build up your own evidence to show the Court the things you have done for your family and the progress you have made, or any barriers to you making progress. If you have not done what is in the PCO, or there is a reason why it is not suitable, you can work with your lawyer to ask the Court to either take it away (revoke it), or change what it says you need to do (vary it). Work with your lawyer and support services to create your own evidence to show the things you have done for your family and the progress you have made, or the barriers to you making progress.
A PCO should only be made if there is availability at the services or programs DCJ is asking you to do, and if they will genuinely help you parent safely. Once DCJ applies for the PCO to the Court, they are required to give you a copy of the application, which will also say the reasons for why they want the order to be made.
To see what form DCJ fills out for the Court, see here.
DCJ is legally required to make ‘active efforts’ so that your child does not go into out-of-home care. This means they need to support you in the changes they want you to make. This might look like connecting you to services you actually think will help you and providing transport and hands-on help in your home.
Your child can be removed if you do not have evidence to show that you have done what DCJ has asked. If you do not follow the PCO, DCJ might remove your children. Work with your lawyer and support services to create your own evidence to show the things you have done for your family and the progress you have made, or the barriers to you making progress.
AbSec and our partners acknowledge the Traditional Custodians of Country throughout NSW and their continuing connections to land, waters, and communities. We also acknowledge the lands on which these stories were told, the lands of the Dharawal, Yuin and Wonnarua people.
We acknowledge the Elders, leaders and advocates that have led the way and continue to fight for our children. We also acknowledge the Stolen Generations who never came home and the ongoing impact of government policy and practice on Aboriginal and Torres Strait Islander children, young people and families.
This website shares the experiences and advice of Aboriginal families involved in the NSW child protection system who participated in the Bring Them Home, Keep Them Home research at UNSW. We acknowledge and thank the families who generously gave permission to share their stories.
These experiences reflect what worked for those families and do not constitute advice or views of AbSec. AbSec recommends seeking independent legal advice for your own circumstances.
