Under the CYP Act 1997 Tas there is no requirement for child abuse or neglect to occur before child removal. No one would doubt being proactive is a good thing and stopping abuse or neglect before it occurs is the right thing to do. That's the law of this land. Never the less there are parents that are incapable of parenting or their risk profiles aren't in the best interests of children. At closed court child protection hearings there are no criminals, it's only an enquiry so the "rules of evidence" don't apply. A magistrate has to make up his mind whether there is a manageable risk or not for a child to be with their parents. It's another reason why courts really aren't the right place for child protection hearings. Unfortunately lawyers are pretty much the only professionals in the room. The best interests of a child are best hashed out with parents, teachers, social workers and psychologists all working together not just lawyers trying to settle. It's unusual to get legal aid for hearings and lawyers costs are $10000 for the best part of a week in court.