SS v Department of Human Services (NSW) [2010] NSWDC 279

SS v Department of Human Services (NSW) [2010] NSWDC 279

The appeal is dismissed because, on the balance of probabilities, J sustained brain damage as a result of non-accidental shaking by one or both parents, and both J and JS remain in need of care and protection. There is no realistic possibility of restoration to the plaintiffs’ care at this time. The medical evidence of the Department’s experts is preferred over the alternative evidence offered by the plaintiffs.

Jurisdiction
Australia
Judgment Date
03 December 2010
Procedural Posture
Care Appeal / Appeal From Children's Court (hearing De Novo)
Outcome
Appeal dismissed
Legal Topics
['care and Protection of Children' 'non Accidental Injury' 'restoration' 'parental Responsibility' 'contact Orders']
['child Law' 'family Law'] ['care and Protection of Children' 'non Accidental Injury' 'restoration' 'parental Responsibility' 'contact Orders']

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Procedural Posture

Care Appeal / Appeal From Children's Court (hearing De Novo)

Legal Issues

  1. 1 ['Whether the children JS and J are in need of care and protection' "Whether J's brain damage was caused by non-accidental shaking by one or both of his parents" "Whether there is a realistic possibility of restoration of the children to the parents' care" 'Whether alternative placements or changed contact arrangements should be made']

Ratio Decidendi

The appeal is dismissed because, on the balance of probabilities, J sustained brain damage as a result of non-accidental shaking by one or both parents, and both J and JS remain in need of care and protection. There is no realistic possibility of restoration to the plaintiffs’ care at this time. The medical evidence of the Department’s experts is preferred over the alternative evidence offered by the plaintiffs.

Court Disposition

Appeal dismissed

Orders

  • ["Appeal dismissed; orders of the Children's Court confirmed except for variations required to contact orders and any additional notations." 'Sole parental responsibility for JS remains with GS to the exclusion of the mother except for contact.' 'Parental responsibility for J remains with the Minister until he turns...