Abandoning A Child

Child abandonment typically occurs when a parent, guardian, or an individual vested with parental responsibilities deserts a child without considering their physical or mental well-being and safety, often with the intention of renouncing all legal rights and responsibilities for the child.

While each state and territory takes a different approach in relation to child abandonment, in Queensland it is considered a criminal offence to cause harm to a child under 16 years of age by prescribed conduct, when the parent or guardian knew or should have known the conduct could cause harm to the child. This includes failing to provide food, clothing, housing or medical care, abandoning the child or leaving the child without support. Harm doesn’t need to be solely physical, and can be a detrimental effect on the phsychological or emotional wellbeing of the child.

Below we outline the offence of Abandoning a Child as per the Criminal Code as well as what the police must prove, penalties you may face if found guilty of this crime, and legal defences.

For information and advice specific to your matter, it’s recommended you speak with a criminal defence lawyer as soon as possible. Call our 24 hour crime line now on 0488 999 980 for a free case evaluation or submit an enquiry online.

What the law says

Sections 364 of the Criminal Code Queensland states:

An person who having the lawful care or charge of a child under 16 years causes suffering the child by-

• (a) Failing to provide the child with adequate food, clothing, medical treatment, accommodation or care when it is available to the person from his or her own resources; or
• (b) Failing to take all lawful steps to obtain adequate food clothing, medical treatment, accommodation or care when it is not available to the person from his or her own resources; or
• (c) Deserting a child; or
• (d) Leaving the child without means of support.

is guilty of a crime.

Section 364A of the Criminal Code makes it an offence to leave a child unattended for an unreasonable amount of time without care or supervision. “Unreasonable” depends on the individual circumstances involved.

What the police must prove

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

The accused:

1. Having the lawful care or charge of a child under 16;
2. Caused suffering to the child; by
   • (a) Failing to provide the child with adequate food, clothing, medical treatment,   accommodation or care when it is available to the person from his or her own resources; or
   • (b) Failing to take all lawful steps to obtain adequate food clothing, medical treatment, accommodation or care when it is not available to the person from his or her own resources; or
   • (c) Deserting a child; or
   • (d) Leaving the child without means of support.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.

Maximum penalty

The Maximum penalty for the offence of Abandoning a Child is 7 years imprisonment.

Which court will hear the matter

This matter is indictable which means it is dealt with in the District Court.

Possible defences

Possible defences to this offence include but are not limited to

1. The accused did not have lawful care of charge of the child.
2. The accused did not fail to provide the child with adequate food, clothing, medical treatment, accommodation or care when it is available to the person from his or her own resources; or
3. The accused did not fail to take all lawful steps to obtain adequate food clothing, medical treatment, accommodation or care when it is not available to the person from his or her own resources; or
4. The accused did not desert a child; or
5. Leave the child without means of support.