In the matter of D, R, J, and W [2011] NSWChC 3

In the matter of D, R, J, and W [2011] NSWChC 3

The appropriate contact regime was the one proposed by the Director General because it balanced the children's need to retain meaningful family relationships, particularly D's relationship with her mother given D's age and wishes, against the need to protect the children from further physical, emotional and psychological harm and to secure and support the identified placement for D and W. Additional supervised contact between D and her mother was beneficial, but the Director General's proposal of four additional contacts was adequate, especially in light of the need to secure the new placement.

Jurisdiction
Australia
Judgment Date
22 November 2011
Procedural Posture
Care and Protection Proceedings / Interlocutory Applications Concerning Contact
Outcome
Contact orders made for all children, as proposed by the Director General.
Legal Topics
['contact Orders' 'out of Home Care' 'best Interests of the Child' 'united Nations Convention on the Rights of the Child' 'contact Guidelines' 'permanency Planning' 'aboriginal Family and Cultural Heritage']
['care and Protection' 'children Law'] ['contact Orders' 'out of Home Care' 'best Interests of the Child' 'united Nations Convention on the Rights of the Child' 'contact Guidelines' 'permanency Planning' 'aboriginal Family and Cultural Heritage']

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Procedural Posture

Care and Protection Proceedings / Interlocutory Applications Concerning Contact

Legal Issues

  1. 1 ["What contact orders should be made for D, R, J and W with their mother, D's father and family, the paternal grandparents of the younger children, and between siblings." "Whether D's age, wishes and disrupted placements justified greater contact with her mother." "How the United Nations Convention on the Rights of the Child should inform the exercise of the Court's discretion under the Children and Young Persons (Care and Protection) Act 1998." "How to balance maintaining meaningful family relationships with the children's safety, security, wellbeing and the need to support a stable placement."]

Ratio Decidendi

The appropriate contact regime was the one proposed by the Director General because it balanced the children's need to retain meaningful family relationships, particularly D's relationship with her mother given D's age and wishes, against the need to protect the children from further physical, emotional and psychological harm and to secure and support the identified placement for D and W. Additional supervised contact between D and her mother was beneficial, but the Director General's proposal of four additional contacts was adequate, especially in light of the need to secure the new placement.

Court Disposition

Contact orders made for all children, as proposed by the Director General.

Orders

  • ['Contact orders made for the younger children and D as proposed by the Director General.' 'The first section 82 report should be prepared within three months.' 'D should continue to be offered counselling to assist her to overcome the abuse and upheaval she has suffered.' 'The section 82 reports should specifically...