Department of Communities and Justice (DCJ) and the Barnett Children [2020] NSWChC 5

Department of Communities and Justice (DCJ) and the Barnett Children [2020] NSWChC 5

Although the Applicant met the threshold requirement of having a genuine concern for the safety, welfare and well-being of the children, leave to be joined was refused because she did not have an arguable case for parental responsibility, the Children's Court lacked jurisdiction in the s 90 proceedings to review the decision to remove the children from her care, and joinder risked delaying determination of restoration and permanency planning issues contrary to the children's best interests.

Jurisdiction
Australia
Judgment Date
28 May 2020
Procedural Posture
Care and Protection Proceedings; Joinder Application Under S 98(3) of the Children and Young Persons (care and Protection) Act 1998 in S 90 Proceedings / Principal Judgment Giving Detailed Reasons After Ex Tempore Refusal of Joinder
Outcome
The joinder application was dismissed.
Legal Topics
['joinder' 'genuine Concern for Safety, Welfare and Well Being' 'parental Responsibility' 'removal From Authorised Carer' 'restoration' 'permanency Planning' 'delay']
['children Law' 'care and Protection' 'administrative Review'] ['joinder' 'genuine Concern for Safety, Welfare and Well Being' 'parental Responsibility' 'removal From Authorised Carer' 'restoration' 'permanency Planning' 'delay']

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Procedural Posture

Care and Protection Proceedings; Joinder Application Under S 98(3) of the Children and Young Persons (care and Protection) Act 1998 in S 90 Proceedings / Principal Judgment Giving Detailed Reasons After Ex Tempore Refusal of Joinder

Legal Issues

  1. 1 ['Whether the Applicant was a person who has a genuine concern for the safety, welfare and well-being of the children under s 98(3) of the Children and Young Persons (Care and Protection) Act 1998.' 'Whether the Court should exercise its discretion under s 98(3) to grant the Applicant leave to be joined to the s 90 proceedings.' 'Whether the Applicant had an arguable case for parental responsibility for the children.' "Whether grievances about the removal of the children from the Applicant's care could be ventilated in the s 90 proceedings." "Whether joinder would risk delay contrary to the children's best interests."]

Ratio Decidendi

Although the Applicant met the threshold requirement of having a genuine concern for the safety, welfare and well-being of the children, leave to be joined was refused because she did not have an arguable case for parental responsibility, the Children's Court lacked jurisdiction in the s 90 proceedings to review the decision to remove the children from her care, and joinder risked delaying determination of restoration and permanency planning issues contrary to the children's best interests.

Court Disposition

The joinder application was dismissed.

Orders

  • ['The joinder application is dismissed.']