Hi there. NSW Child Protection Services is responsible for investigating reports of children who are at risk of harm or neglect and taking appropriate action based on the findings of their investigations. Occasionally, this will result in an out-of-home care arrangement, such as foster care.

You said a government agency has asked you to remove a photo of a child who is now in foster care. This is most likely in accordance with government policies that are designed to protect the identity of the child in foster care and control the degree of contact between the biological parent(s) and the child.

From a legal perspective, if the government agency is simply asking that you remove the photo in the course of ordinary correspondence (such as a telephone call or letter), you will not face any legal consequence if you choose not to comply with the request. However, the agency may decide to obtain an order from the Children’s Court requiring you to comply with the request. If a court order is obtained, you must follow the instructions, otherwise you will be in contempt of court and face serious penalties.