Bi v Secretary, Family and Community Services [2018] NSWSC 1925

Bi v Secretary, Family and Community Services [2018] NSWSC 1925

It is in the best interests of S to permit supervised travel to New Zealand for contact with her father as proposed by the Department, with appropriate safeguards to ensure S's return. The plaintiffs' concerns are not substantiated and do not outweigh the benefit of contact under supervision.

Jurisdiction
Australia
Judgment Date
14 December 2018
Procedural Posture
Application for Injunction (child Welfare) Under Parens Patriae Jurisdiction / Final Order on Urgent Application
Outcome
Plaintiffs' application dismissed; prior orders revoked; passport to be surrendered; orders for supervised contact and return arrangements made.
Legal Topics
['care and Protection of Children' 'international Child Travel' 'best Interests of the Child' 'jurisdiction of Superior Courts']
['child Welfare' 'parens Patriae' 'injunctions'] ['care and Protection of Children' 'international Child Travel' 'best Interests of the Child' 'jurisdiction of Superior Courts']

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Procedural Posture

Application for Injunction (child Welfare) Under Parens Patriae Jurisdiction / Final Order on Urgent Application

Legal Issues

  1. 1 ['Whether to restrain the Minister from permitting a child in care to visit her father overseas' "Whether the Court should exercise parens patriae jurisdiction to intervene in a matter before the Children's Court" 'Whether it is in the best interests of the child to travel overseas for supervised contact']

Ratio Decidendi

It is in the best interests of S to permit supervised travel to New Zealand for contact with her father as proposed by the Department, with appropriate safeguards to ensure S's return. The plaintiffs' concerns are not substantiated and do not outweigh the benefit of contact under supervision.

Court Disposition

Plaintiffs' application dismissed; prior orders revoked; passport to be surrendered; orders for supervised contact and return arrangements made.

Orders

  • ['Revoke the order made by Harrison J on 12 December 2018 extending the previous order of Bellew J.' "Dismiss the plaintiffs' notice of motion filed 3 December 2018." "Order the first plaintiff to deliver S's passport to the first defendant by 5pm on 14 December 2018, or as directed in writing." 'Order that the...