What to do when your child is arrested: a crisis checklist

A child’s arrest can make time feel distorted. Parents may be angry, frightened or unsure whether to call family, school or a solicitor first. The immediate goal is to keep everyone safe, protect the young person’s legal rights and create enough calm for sensible decisions.

Australian youth justice processes differ between states and territories, so the exact rules around police interviews, bail, detention and court appearances can vary. A teenager in Parramatta, Geelong, Cairns or Hobart may encounter different forms and services, but the same basic approach applies: stay composed, gather reliable information and seek legal advice quickly.

Use plain language with your child. Tell them that you are there to help, that they should not guess or make up an explanation, and that asking for a lawyer is appropriate. Avoid promising a particular result, especially before you know the allegation and the child’s legal history.

A trauma-informed response also matters. Young people who have experienced family violence, neglect, racism, disability-related barriers or substance dependence may react to arrest with panic, silence or anger. Those reactions need support, not automatic punishment. Accountability and public safety can be addressed alongside care, family involvement and alternatives to detention.

Immediate safety and first calls

If police have just arrested your child, find out where they are being held, which police station is involved and what the alleged offence is. Ask when the arrest occurred, whether your child has been charged, whether an interview is planned and whether a court date or bail decision has been set. Write down the officer’s name, station number and every time you make contact.

Call a criminal lawyer with youth justice experience, Legal Aid in your state or territory, or the relevant duty solicitor service. In some locations, an Aboriginal Legal Service may provide culturally safe assistance for Aboriginal and Torres Strait Islander children. If your child has an interpreter, disability support need or mental health concern, tell police and the lawyer immediately.

Do not attend the station intending to argue with officers or confront another young person’s family. Keep communication calm and factual. If there is an urgent medical issue, risk of self-harm, intoxication or injury, state that clearly and ask what health assessment is being arranged. In an emergency, call 000.

What to do at the police station

Your child generally has important legal protections, but the details depend on Australian jurisdiction and circumstance. Ask the lawyer whether police may interview the child, whether a support person can be present and whether there are limits on questioning. A parent or responsible adult may be contacted, but their role is not always the same as that of a lawyer.

Tell your child not to sign documents or participate in an interview until they have received legal advice, unless their lawyer recommends otherwise. They should be respectful without trying to explain everything under pressure. “I want to speak with a lawyer before answering questions” is a clear and reasonable request. Do not coach them to lie, destroy messages or contact a complainant.

Bring essential information rather than a large folder of opinions: medication details, medical contacts, school information and evidence of a stable address or responsible adult. If the child is Indigenous, in out-of-home care, homeless or separated from family, ask the lawyer to identify culturally appropriate and safe supports.

Prepare for bail and court

Bail decisions often focus on risks such as failing to attend court, further alleged offending, interference with witnesses or safety concerns. A practical plan can address those risks. It might include living with a reliable adult, attending school, following a curfew, avoiding particular people or places, attending counselling and reporting to a youth justice worker.

Do not agree to conditions the family cannot realistically manage. If a parent works night shifts, lacks transport or lives far from the courthouse, say so. A plan based on impossible supervision may fail quickly. Where suitable, ask about community-based options, restorative processes, diversion, cautions, conferencing or support programs instead of detention.

Before the first Children’s Court appearance, collect the charge sheet, bail paperwork and court location. Check whether the child needs a duty lawyer or has private representation. A practical legal reference may help you organise questions, but it cannot replace advice from a qualified Australian lawyer familiar with the relevant state or territory law.

Information to keep together

• Police station, officer’s name and custody reference
• Charges, bail conditions and court date
• Lawyer, Legal Aid or Aboriginal Legal Service contact
• Medication, diagnoses and urgent health information

Questions for the lawyer

• What should my child say, sign or avoid before court?
• Could diversion, conferencing or another community option apply?
• What evidence would support a safe bail plan?
• What happens if a bail condition becomes unworkable?

Build a support plan after release

Once your child returns home, start with basic stability: food, sleep, prescribed medication and a quiet place to talk. Avoid conducting an angry interrogation late at night. Ask what they need immediately, what they are worried about and whether anyone has threatened them. Record their account in their own words without posting it online or sharing it widely.

Contact the school wellbeing team, year adviser or youth worker when appropriate. The aim is to preserve education and routine while respecting privacy. A school in Western Sydney may coordinate with a local youth service, while a family in regional Queensland may need phone-based support because services are spread across long distances. Ask what can be arranged without labelling or excluding the child.

Create a written plan covering transport, appointments, curfew, trusted adults, phone use and safe places. Include what to do if conflict escalates. If substance use, family violence, housing instability or untreated trauma contributed to the incident, seek specialist help rather than relying on punishment alone.

Keep your child connected and heard

A child’s voice should inform the support plan. Ask what happened from their perspective, what they think would prevent a repeat and which adult they trust. Listening does not mean excusing harm. It gives families information needed to set fair boundaries and address the causes of risky behaviour.

Community-based support can include mentoring, counselling, culturally specific services, sporting groups, education programs and family work. Local councils, youth centres and community organisations may know options that are less intimidating than formal agencies. For Aboriginal and Torres Strait Islander families, involve services chosen by the family and respect cultural authority and connection to community.

Keep a calendar of court dates, appointments and conditions, then review it each week. Save copies of paperwork and note changes in mood, sleep, school attendance or safety. If your child is detained, ask about visits, phone access, education, health care and how to raise a concern. Families can seek accountability from systems while still insisting on dignity, proportionality and a genuine chance for the young person to recover.