A v Secretary, Department of Communities and Justice (No. 4) [2019] NSWSC 1872

A v Secretary, Department of Communities and Justice (No. 4) [2019] NSWSC 1872

The evidence established that C had been sexually abused by B, and that A was unable or unwilling to protect her. Both plaintiffs presented an unacceptable risk of harm to both C and D. There was no realistic possibility of restoration of the children to the plaintiffs within a reasonable time. The findings and orders of the Children's Court were correct and should be confirmed.

Jurisdiction
Australia
Judgment Date
20 December 2019
Procedural Posture
Care and Protection Appeal / Final Appellate Judgment
Outcome
Summons dismissed; Children's Court orders confirmed
Legal Topics
['care and Protection of Children' 'sexual Abuse Allegations' 'parental Responsibility' 'restoration to Parent' 'appeal From Children’s Court']
['child Welfare' 'family Law'] ['care and Protection of Children' 'sexual Abuse Allegations' 'parental Responsibility' 'restoration to Parent' 'appeal From Children’s Court']

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Procedural Posture

Care and Protection Appeal / Final Appellate Judgment

Legal Issues

  1. 1 ['Whether the children C and D were in need of care and protection under s 71(1)(c) of the Care Act' 'Whether B sexually abused C' 'Whether A was able to provide protection for the children' 'Whether the care orders made by the Children’s Court were justified on the evidence']

Ratio Decidendi

The evidence established that C had been sexually abused by B, and that A was unable or unwilling to protect her. Both plaintiffs presented an unacceptable risk of harm to both C and D. There was no realistic possibility of restoration of the children to the plaintiffs within a reasonable time. The findings and orders of the Children's Court were correct and should be confirmed.

Court Disposition

Summons dismissed; Children's Court orders confirmed

Orders

  • ['The orders made by the Children’s Court on 23 September 2019 in respect of C and D are confirmed.' 'The plaintiffs’ amended summons filed 28 October 2019 is dismissed.']