Re Karen and Kirsten [2010] NSWSC 1125

Re Karen and Kirsten [2010] NSWSC 1125

Given the evidence of previous physical abuse by the mother, Magistrate's findings, concerns regarding unexplained injuries, and the Department's imminent appeal, extraordinary circumstances exist warranting a temporary stay of the Children's Court orders. The orders are stayed to safeguard the children, allowing supervised and extended but not unsupervised or residential contact by the mother, pending the District Court's consideration.

Jurisdiction
Australia
Judgment Date
25 June 2010
Procedural Posture
Application for Stay Pending Appeal in Child Welfare/protection Proceedings / Interlocutory Application Determining Urgent Stay and Contact Arrangements Pending Appeal
Outcome
Stay granted in part; specific interim contact orders made pending filing and consideration of appeal in District Court.
Legal Topics
["appeal From Children's Court" 'parens Patriae Jurisdiction' 'stay of Orders' 'child Protection' 'supervised Contact']
['family Law' 'child Welfare'] ["appeal From Children's Court" 'parens Patriae Jurisdiction' 'stay of Orders' 'child Protection' 'supervised Contact']

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Procedural Posture

Application for Stay Pending Appeal in Child Welfare/protection Proceedings / Interlocutory Application Determining Urgent Stay and Contact Arrangements Pending Appeal

Legal Issues

  1. 1 ["Whether extraordinary circumstances exist to warrant the Supreme Court granting a stay of Children's Court orders regarding children's parental responsibility and contact pending appeal" "Whether the Children's Court orders pose an unacceptable risk to the children"]

Ratio Decidendi

Given the evidence of previous physical abuse by the mother, Magistrate's findings, concerns regarding unexplained injuries, and the Department's imminent appeal, extraordinary circumstances exist warranting a temporary stay of the Children's Court orders. The orders are stayed to safeguard the children, allowing supervised and extended but not unsupervised or residential contact by the mother, pending the District Court's consideration.

Court Disposition

Stay granted in part; specific interim contact orders made pending filing and consideration of appeal in District Court.

Orders

  • ["Orders of the Children's Court at Parramatta made 25 June 2010 stayed pending filing of appeal and further orders by the District Court." "Proceedings and children to be anonymised as 'Re Karen and Kirsten', 'Karen', and 'Kirsten'." 'Suppression order prohibiting publication tending to identify the children except...