Department of Communities and Justice (DCJ) and Dimitri and Nicholas and Sofia and Julia [2024] NSWChC 11

Department of Communities and Justice (DCJ) and Dimitri and Nicholas and Sofia and Julia [2024] NSWChC 11

Dimitri was intellectually and developmentally capable of forming and expressing a clear and considered view about contact with his father, and recognising his agency by permitting unsupervised contact at a frequency and duration determined by him gave paramountcy to his safety, welfare and well-being and was the least intrusive intervention. For Sofia and Julia, any potential benefits of reintroducing the father, including cultural connection and possible future support, were significantly outweighed by the unacceptable risk of emotional or psychological harm given their vulnerabilities, trauma histories, Julia's assault, Sofia's belief that the father sexually abused her, their secure...

Jurisdiction
Australia
Judgment Date
26 July 2024
Procedural Posture
Care and Protection Application for Contact Orders / Principal Judgment After Hearing
Outcome
Application for contact with Sofia and Julia refused. Application for contact with Dimitri granted until he turns 18, with unsupervised contact at a frequency and duration determined by Dimitri.
Legal Topics
['contact Orders' 'procedural Fairness' 'views of Children' 'unacceptable Risk of Harm' 'out of Home Care' 'therapeutic Reintroduction']
['care and Protection' "children's Law"] ['contact Orders' 'procedural Fairness' 'views of Children' 'unacceptable Risk of Harm' 'out of Home Care' 'therapeutic Reintroduction']

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Procedural Posture

Care and Protection Application for Contact Orders / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether contact orders should be made for the father to have unsupervised and expanded contact with Dimitri.' 'Whether orders under s.74 and s.86 should be made to therapeutically reintroduce the father to Sofia and Julia and provide supervised contact.' 'What weight should be given to the views of Dimitri, Sofia and Julia.' 'Whether the father was afforded procedural fairness in accessing, filing and testing evidence.' 'Whether the benefits of contact with the father outweighed any unacceptable risk of harm to the children.']

Ratio Decidendi

Dimitri was intellectually and developmentally capable of forming and expressing a clear and considered view about contact with his father, and recognising his agency by permitting unsupervised contact at a frequency and duration determined by him gave paramountcy to his safety, welfare and well-being and was the least intrusive intervention. For Sofia and Julia, any potential benefits of reintroducing the father, including cultural connection and possible future support, were significantly outweighed by the unacceptable risk of emotional or psychological harm given their vulnerabilities, trauma histories, Julia's assault, Sofia's belief that the father sexually abused her, their secure...

Court Disposition

Application for contact with Sofia and Julia refused. Application for contact with Dimitri granted until he turns 18, with unsupervised contact at a frequency and duration determined by Dimitri.

Orders

  • ['There will be contact between Dimitri and the father until Dimitri attains the age of 18 years.' 'The contact between Dimitri and the father will not be supervised.' 'The contact between Dimitri and the father will be at a frequency and duration as determined by Dimitri.' 'The application for contact with Sofia is...