I want my child home

The process of legally getting your child home is called restoration. Learn more about restoration to push for this to happen.

The process of legally getting your child home is called restoration. Learn more about restoration to push for this to happen.

All information has been informed by the Bring Them Home, Keep Them Home (BTHKTH) research, which centers the voices and experiences of Aboriginal parents and families navigating the NSW child protection system. The families have given us permission to share their experiences.

Learn what happens next

This information covers how you can get your child home, the assessments and legal pathways to do this, and the experiences of how other parents got their children home.

Appealing the court’s decision

If you want to try and change the final orders made in the Children’s Court of New South Wales, you have the right to appeal to the District Court.

What is restoration?

Restoration is viewed as a child going back into the care of their parents legally. Aboriginal communities see this differently, as going home is about children returning to their family, Country, culture and community.

Restoration and what’s ‘realistic’?

Other parents have fought for years trying to get restoration. They have done many section 90 applications and kept fighting to stay connected with their child.

Long-term Orders

It’s harder to get restoration legally once your child is on long-term final orders in the care of the Minister. Changing that decision means the Court must look at your case again and make a different decision.

Working towards restoration

Aboriginal families face common barriers when working towards restoration, which can include dragging timelines, unclear communication and the system's deficit approach.

Working with carers towards restoration

Aboriginal parents have said that sometimes carers act as a barrier to your child’s right to family time.

What is a Section 90?

A Section 90 can legally restore a child from long-term care or guardianship to the care of their parents or family.

What should my support network be doing?

Some Aboriginal Community-Controlled Organisations have services where they are supporting you for restoration or things like Domestic and Family Violence, but also hold case management for OOHC agencies.

How should I be supported after restoration?

The type of help DCJ can provide after restoration can include visits and providing advice, to practical support such as housing, counselling, and intensive parenting programs.

How have other families got their child home?

There are many strong Aboriginal mothers, fathers, and family members fighting the same fight. Advice from other parents is to never give up.

My child came home on their own

Self-placement is when a child who is in OOHC chooses to leave their placement, which often includes returning to their family home, against DCJ’s opinions or directions.

What are restoration assessments?

Caseworkers use tools to decide if they should support restoration. Before DCJ and the Court make a decision on restoration, they will do a formal restoration assessment.

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.