Child Protection has contacted me. What happens now?

Last checked: 31 October 2026

The short answer

If a child is in danger now, call 000. Child Protection contacts a family after someone reports a worry that a child is being harmed or neglected. They may investigate, and they can talk to your child and others without your permission. Without a court order you do not have to do what they ask, but they can start a court case if they stay worried, so get free legal advice early.

Key dates and time limits

• Child Protection should usually finish an investigation within 28 days of the report and tell you the result.
• Child Protection usually decides within 90 days of the report whether to start a court case. This can be extended.
• If your child is taken into emergency care, the court must hear the case as soon as practicable and within one working day.

Step by step

1. 1

   Understand why they contacted you

   Someone has told Child Protection, part of the Department of Families, Fairness and Housing, that they are worried about your child. The law stops Child Protection telling you who made the report. They will decide whether to give advice, refer you to support services, investigate, or take no further action.

2. 2

   The investigation

   A worker may visit, talk to you and your child, and speak to people like teachers and doctors. They do not need your permission to talk to your child or others. Ask them what they are worried about and what they want you to do. You can have a friend or support worker with you at meetings.

3. 3

   Be careful with agreements

   You may be asked to sign a voluntary agreement or a child care agreement, for example to do drug tests or to let your child stay with family. Signing is your choice and it is not a court order. Ask for time to get legal advice first. If you sign, make sure it has an end date and keep a copy.

4. 4

   Know when it goes to court

   If Child Protection still thinks your child needs protection, they can file a protection application in the Children's Court. By notice, your child stays with you and the case goes to court, usually within a few weeks. In an emergency they can place your child in emergency care, and the court must hear it within one working day. Once a case starts, a magistrate decides, not Child Protection.

5. 5

   Get a lawyer

   Victoria Legal Aid gives free advice by phone before any court case. When a case starts, a free duty lawyer can help on the first court day, and no proof of income is needed. The duty lawyer can help you apply for legal aid for the rest of the case. Your lawyer works for you, not for Child Protection.

6. 6

   Aboriginal and Torres Strait Islander families

   If your child is Aboriginal, the Aboriginal Child Placement Principle applies. If your child cannot live with you, the first choice must be Aboriginal extended family or relatives, then Aboriginal families, and the advice of an Aboriginal agency must be considered. Some Aboriginal community controlled organisations run child protection cases under the Aboriginal Children in Aboriginal Care program. You can ask for help from the Victorian Aboriginal Legal Service or Djirra.

Who can help

Forms and the law