Specialist Children's Court Lawyers in Sydney & Nationwide
Your Child Deserves an Experienced Defence
Trusted & Recommended by Clients. Let by Accredited Specialists
4.6 – 120 Reviews
The O'Brien Advantage
Award-Winning Youth Defence
O'Brien founder Peter O'Brien received an Australian Award from the National Children's and Youth Law Centre for excellence in representing children and young people in the Children's Court. This is a distinction held by very few criminal lawyers in the country.
Accredited Criminal Law Specialist
Peter O'Brien holds NSW Law Society Specialist Accreditation in Criminal Law, a credential held by fewer than 6% of NSW lawyers. When your child's future is at stake, accreditation matters.
Royal Commission Experience
Our firm has provided evidence and representation in both the Royal Commission into Children in Juvenile Detention in the Northern Territory and the Royal Commission into Institutional Responses to Child Abuse. Few private firms can match this depth of engagement with youth justice.
Second-Chance Focus
A charge does not always result in a conviction. We actively pursue every available diversion option, youth justice conferences, cautions, diversionary programmes, to protect your child's record and their future.
Children's Court Matters We Represent
Assault and Violence
From common assault to more serious charges involving grievous bodily harm, we defend young people facing assault charges with a focus on intent, context, and diversion pathways.
DRUG OFFENCES
Drug possession, supply, and related charges are among the most common matters in the Children’s Court. We examine the circumstances of the arrest, the admissibility of evidence, and every available option short of a conviction.
Theft and Property Offences
Shoplifting, break-and-enter, and property damage charges can follow a young person for years if not handled correctly. We work to achieve the best available outcome, often without a criminal record.
Traffic Matters
Traffic matters involving young people may be heard in the Children’s Court or Local Court, depending on the charge and age. We also represent young people in traffic matters heard in the Local Court.
Apprehended Violence Orders (AVOs)
AVOs involving young people, whether as respondents or as part of broader domestic matters, require sensitive, experienced representation that accounts for the legal and personal complexity of youth circumstances.
Serious Offences
Some serious matters, including offences such as robbery, serious sexual assault, and manslaughter, may be transferred to the District or Supreme Court. Where this occurs, our lawyers are experienced in both courts and can represent your child throughout.
Protecting Your Child's Rights: Actions We Can Take
At O’Brien Criminal and Civil Solicitors, our lawyers understand that for families, the Children’s Court is not just a legal process — it is one of the most stressful situations a family can face. Here are the key ways we can protect your child’s rights and future.
Our lawyers examine every aspect of the prosecution case to identify weaknesses and available defences. Depending on the charge and circumstances, we may:
- Challenge the admissibility of evidence obtained without a support person present
- Raise doli incapax where your child is aged 10 to 13 and the prosecution cannot prove capacity
- Argue insufficient evidence to support the charge beyond reasonable doubt
- Contest identification evidence or witness reliability
- Apply for a Section 32 mental health diversion where applicable
A charge does not have to become a conviction. We actively pursue every available diversion option, including:
- Formal caution, resolving the matter without court proceedings
- Youth justice conference, a restorative process that, if completed, typically ends proceedings
- Griffiths remand, a sentencing deferral allowing your child to demonstrate rehabilitation before penalty
- Referral to community support programmes to strengthen the case for a non-conviction outcome
We work to ensure your child does not leave the Children's Court with a permanent record. This means negotiating with the prosecution before any plea, presenting character and background evidence to the magistrate, and pursuing bonds and conditional releases over custodial outcomes.
If your child has been refused bail or held in custody following a charge, we can apply for bail immediately. Children are entitled to the same bail protections as adults, and we treat every bail application as urgent. Contact us as soon as your child is charged.
Meet Our Lawyers - Led by Sydney's Most Recognised Youth Justice Lawyer
Peter O’Brien is the founding principal of O’Brien Criminal & Civil Solicitors and holds NSW Law Society Specialist Accreditation in Criminal Law, a qualification held by fewer than 6% of NSW lawyers.
Peter is one of the few private criminal lawyers in Australia to receive a national award specifically for excellence in representing children and young people. He has appeared before two Royal Commissions relating to children in custody and institutional settings, and has been defending children in the NSW Children’s Court for over 20 years.
He is supported by a team of criminal solicitors who appear regularly in the Children’s Court, Local Court, District Court, and Supreme Court.
Principal Solicitor
Senior Solicitor
Criminal Solicitor
Criminal Solicitor
Criminal Solicitor
Criminal Solicitor
Criminal Solicitor
Practice Manager
Paralegal
Paralegal
Our team at O’Brien Criminal & Civil Solicitors are led by Law Society Accredited Specialists in Criminal Law and in Civil Law. To become an Accredited Specialist, a practitioner must undergo a structured assessment process. This process requires the individual to utilise their existing knowledge and skills to demonstrate their competency and expertise in their chosen area of law.
Free Confidential Consultation
1. Free Initial Consultation
Contact us and we will arrange a free, no-obligation consultation. We encourage parents or guardians to attend with their child. Everything discussed is completely confidential. There is no pressure and no obligation.
2. Reviewing the Charges and Evidence
We obtain and review all available materials, the Court Attendance Notice, police facts, and any supporting evidence. We identify weaknesses in the prosecution case and assess every available defence and diversion option.
3. Representing Your Child at Court
Before any plea or hearing, we consider the full spectrum of available outcomes: cautions, youth justice conferences, section 32 mental health diversions, conditional releases, and where appropriate, a defended hearing. Our focus is always on protecting your child's future.
4. Pursuing a Resolution
We appear with your child at every mention and hearing. You will know what to expect, what to say, and what to do at each stage. We do not leave families in the dark.
The Children’s Court moves quickly. Getting legal advice before the first mention date gives your child the best chance of accessing diversion and avoiding a permanent record. Our lawyers are available now for a free, confidential consultation. Call us today.
7 Things Every Parent Should Know When Their Child Is Charged
If your child has been charged with a criminal offence, the time between now and their first court date matters enormously. Here is what you need to understand immediately.
- Your Child Has the Right to a Support Person
- Police interviews require a support person: Under NSW law, a child cannot be questioned by police without a parent, guardian, or lawyer present. This is a legal requirement, not a courtesy.
- If this was not followed: If police questioned your child without a support person present, anything they said may be inadmissible. Tell your lawyer immediately.
- Do Not Let Your Child Speak to Police Again
- No further statements: Your child should not answer any further questions, make any statement, or discuss the matter with police, even if the conversation seems informal or routine.
- This applies now: Police may follow up after the charge is laid. The right to silence continues until the matter is resolved.
- A Charge Does Not Have to Become a Conviction
- Diversion options exist: Youth justice conferences, formal cautions, and diversionary programmes can resolve a matter without a criminal record.
- Early action matters: Whether these options are available depends on the offence, your child's history, and how the case is handled from the beginning.
- The Children's Court Is a Closed Court
- No public access: Unlike adult courts, the Children's Court is closed. Only people invited by the magistrate may be present.
- No publication of your child's identity: Your child's name and identifying details cannot be published. This protection exists specifically to shield young people from lasting reputational harm.
- Age Matters, and Younger Does Not Always Mean Less Protected
- Under 10: Children under 10 cannot be charged with a criminal offence in NSW.
- Aged 10 to 13, doli incapax: Children in this age bracket are subject to a legal presumption that they lacked the capacity to know their conduct was seriously wrong. Codified in NSW statute from 1 March 2026, this principle must be raised actively and early. In the right circumstances, it can result in charges being dismissed.
- A Criminal Record Can Follow Your Child Into Adulthood
- Not all outcomes create a record: Cautions, youth justice conferences, and some bonds do not result in a formal criminal record.
- Serious matters carry greater risk: If the matter is transferred to a higher court, adult sentencing principles may apply. Getting legal advice early is the most effective way to protect your child's long-term record.
- The Earlier You Act, the More Options Are Available
- Diversion windows close fast: Character references, engagement with support programmes, and early negotiations with the prosecution all take time, often before the first court date.
- Contact us now: The sooner you speak to a lawyer, the more options remain open for your child.
Remember: The Children’s Court process moves fast and the decisions made early have lasting consequences. Do not navigate it alone. Our lawyers at O’Brien Criminal and Civil Solicitors will guide your family through every step and fight to protect your child’s future.
Voices of Justice: Client Reviews
Read what clients of O’Brien Criminal and Civil Lawyers have said in Google Reviews after we’ve helped clients restore their good names.
Wilson Tighe is the best criminal lawyer in Sydney. I highly recommended him not only for his highly competence in laws but also for his kindness and humanity. We thank him a lot for his help in our matter.
Used O'Brien solicitors for both of my criminal law cases which they managed to get all charges dismissed when I was looking down the barrel of 18 months jail. Then even more impressively ran my civil claim vs the police and I got a very good outcome and substantial pay out. Easy to talk to and actually listened and took my opinion into consideration which is a first. Highly recommend!
Dedicated, diligent and efficient! I had the good luck of being represented by O'Brien lawyers resulting in a favourable outcome. If you are looking for lawyers to represent you in a difficult criminal case, then look no further.
The quality of service provided far exceeded my expectations. The elegance and professionalism in which this firm conducts itself is to be admired. They don't treat you as just another client. I cannot recommend them enough for criminal and civil matters as they excel at both. Special thank you to Peter & Elle, I will never forget the impact this outcome has had on my life.
I recently had to engage the firm to represent me in a criminal matter. I initially liaised with Tim Rayner (criminal paralegal) who assisted with handling my case, whom I found to be professional and always responsive. Elliot Rowe (criminal solicitor) was assigned as my legal counsel. I highly commend Elliot for his consistently methodical and prudent handling of my case and his calm and patient demeanour, which provided some measure of reassurance to me during a particularly distressing period in my life.
I found myself facing the criminal justice system for the first (and hopefully only) time. Contacted O'Brien solicitors based on the number of positive reviews and was put through to Elliot. His patience with me was outstanding, helping me navigate and understand what lay ahead. Never felt rushed. He was very objective and not judgemental in any way. Gave me plenty of options which allowed me to arrive at a fair outcome. At sentencing he spent the whole day with me in court. I consider Elliot to be more an ally not just a lawyer. Can't recommend Elliot highly enough.
Me and my family have been working with O'Brien Criminal and Civil Solicitors in regards to representing us for criminal defence in two cases. In both cases our solicitor Wilson Tighe was professional, transparent and provided us with professional advice throughout the procedures. I highly recommend their services to others.
Sidnie was thorough, informative and well versed. Her dedication and attention to detail, and ability to force the truth to be seen, were the reason I got the result that I should have. Highly recommended her and this firm.
O’Brien Criminal and Civil Solicitors have been an outstanding service to me in both criminal and civil matters, if anyone or any organisation needs professional law support, this is an absolute dedication of people who have passionately studied and become experienced experts in getting results, thank you I am so grateful.
O'Brien Criminal and Civil Solicitors is hands down the most reliable, understanding and professional firm I have dealt with. Peter, Tim and Wilson have helped me and my family through the roughest time and were able to provide us with an amazing outcome. I would definitely highly recommend this firm to anyone that requires Solicitors that offer professionalism and care. THANK YOU SO VERY MUCH.
I highly recommend O'Brien solicitors, especially Peter O'Brien and Wilson Tighe. They went above and beyond. Easily contactable anytime I had a question, diligent, kept us up to date and always communicated each step and options with me.
As a client of O'Brien Criminal & Civil Solicitors, I am extremely satisfied with the services provided by Tim Rayner and the entire team. From the initial consultation to the final resolution of my legal matter, I have been impressed with the level of professionalism, expertise, and attention to detail demonstrated by everyone involved.
Children's Court NSW: Frequently Asked Questions
NSW law sets clear age thresholds for criminal responsibility:
Under 10: Cannot be charged. Children this age are conclusively presumed incapable of committing a crime.
10 to 13: Subject to the doli incapax principle. The law presumes a child this age lacked the capacity to know their conduct was seriously wrong. The prosecution can challenge this, but the burden is significant, and in the right case, it can be a powerful defence.
14 to 17: Presumed to have full criminal capacity and generally prosecute0d in the Children's Court.
The first mention is not a trial. It is a brief administrative hearing where:
- The charge is read out
- Your child enters a plea, or the matter is adjourned for legal advice
- A future date is set
Having a lawyer present from the very first mention matters. The plea entered and the court's impression of your child's circumstances begin forming on day one.
Doli incapax is Latin for "incapable of wrong."
In NSW, it refers to the legal presumption that a child aged 10 to 13 did not understand that what they did was seriously wrong, not merely naughty or mischievous, but genuinely wrong in a criminal sense.
The prosecution must rebut this presumption beyond reasonable doubt. Where the argument succeeds, charges can be dismissed.
Our lawyers are experienced in raising and arguing this defence.
No. The Children's Court is a closed court. Members of the public cannot attend, and the media cannot identify a child involved in criminal proceedings without the court's permission. This protection is designed to prevent the lasting reputational harm that can follow young people if their cases become public. In our experience, this protection is one of the most important aspects of the youth justice system for families to understand.
In many cases, yes. NSW law places a strong emphasis on rehabilitation for young people, and the Children's Court has access to a range of outcomes that do not result in a formal criminal record. These include formal cautions, youth justice conferences, good behaviour bonds, and diversionary programmes. Eligibility depends on the nature of the offence, your child's history, and the circumstances of the matter. Our lawyers will advise you on what outcomes are realistic in your child's specific situation.
A restorative justice process where the following people meet to discuss the offence and agree on a plan for the young person to make amends:
- The young person and their support people
- The victim (where willing)
- A conference convenor
Successful completion of the plan typically results in no further criminal proceedings. Conferences are available for eligible offences and eligible young people, not every matter qualifies.
The Children's Court has a range of sentencing options, listed here from least to most serious:
- Caution - a formal warning with no further action
- Youth justice conference - restorative process in lieu of sentencing
- Good behaviour bond - a promise to the court to be of good behaviour for a specified period
- Fine - financial penalty (maximum $1,100 per offence)
- Probation - supervision by Youth Justice NSW for a set period
- Community service order - unpaid community work (up to 100 hours under 16; up to 250 hours over 16)
- Suspended control order - a control order suspended on conditions, served in the community
- Control order (detention) - custody in a youth justice centre, used only as a last resort
The Children's Court must have regard to the principle that a control order is to be imposed only if no other sentence is appropriate. Detention is genuinely a last resort in the NSW youth justice system.
Criminal Law Case Studies
This case study concerns a common assault charge that was dismissed following a defended
District Court Appeal Removes Convictions and Protects Client’s Career: Severity Appeal Upheld James*, a
The Offence: Attempted Shoplifting and Larceny RD was caught red-handed while attempting to shoplift
Facts: Sydney Mardi Gras drug dog patrol results in possession arrest At a Mardi
Facts: Dom was at a popular night club in Sydney when the police were
AW was a 23 year old man. He attended the ‘Fuzzy Field Day’ music
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