Attending the Children's Court

In relation to criminal proceedings the prosecutor and accused person has a right to appear and be legally represented.

In relation to care and protection cases the following people have a right to appear and be legally represented in the Children’s Court:

• the child or young person
• each person having parental responsibility for the child or young person
• the Director-General of the NSW Department of Communities and Justice
• the Minister for Communities and Justice.

‘Appearing’ is a technical term used to describe the act of attending or presenting at court for a particular matter.

If you appear in person, you can address the magistrate or judge directly. If you are being legally represented, you have a solicitor who will appear on your behalf and will address the court on your behalf. If someone is legally represented, all communications with the court or other persons will be made via the legal representative.

If, in the Children’s Court’s opinion, there are other people with a genuine concern for the safety, welfare or wellbeing of the child or young person they can be granted leave to appear.

If a person has been served with an application relating to the child or young person and has been given notice of when to attend court, but does not do so, then the application might proceed and be heard in their absence.

There are legislative rules concerning the attendance of witnesses and other persons in court proceedings and the production of documents to the Children’s Court. These rules provide information on attendance at court, the issuing of subpoenas for the appearance of a person to give evidence before a court and production of documents.

The person named in the subpoena must attend court on the specified date and time.