The lawyer known as Informer 3838 could have her two young children removed by state authorities, after the High Court warned she was putting them at "grave risk of harm" by refusing to enter witness protection.

In a judgment handed down on December 3 last year, the High Court found that on the "evidence before this court, [Informer 3838] and her children will be at grave risk of harm unless [Informer 3838] agrees to enter into the witness protection program".

The High Court of Australia found Informer 3838 is putting her children at “grave risk of harm” and could have them removed by state authorities. Credit:Artists

"If she chooses to expose her children to similar risks, the state is empowered to take action to protect them from harm," the court found.

"It is further not without significance that Victoria Police may bear a large measure of responsibility for putting [Informer 3838] in the position in which she now finds herself by encouraging her to inform against her clients as she did."