C v The Secretary, Family & Community Services [2016] NSWDC 103

C v The Secretary, Family & Community Services [2016] NSWDC 103

The evidence as a whole, including expert and factual testimony, overwhelmingly shows that allocation of parental responsibility for the child to the appellant (maternal grandmother) is in the child's paramount best interests, notwithstanding the refusal of a working with children clearance, provided there are robust undertakings and a period of FaCS supervision following the transition.

Jurisdiction
Australia
Judgment Date
10 June 2016
Procedural Posture
Child Care Appeal / District Court Appeal From Children's Court Decision
Outcome
Appeal allowed
Legal Topics
['parental Responsibility' 'aboriginal Child Placement' 'clearance to Work With Children' 'best Interests of the Child' 'care and Protection Proceedings']
['child Law' 'family Law'] ['parental Responsibility' 'aboriginal Child Placement' 'clearance to Work With Children' 'best Interests of the Child' 'care and Protection Proceedings']

Case Brief

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Procedural Posture

Child Care Appeal / District Court Appeal From Children's Court Decision

Legal Issues

  1. 1 ['Whether parental responsibility for an Aboriginal child in out of home care should be allocated to the maternal grandmother despite refusal of a Working with Children clearance.' 'Whether allocation of parental responsibility complies with the paramount best interests of the child under the governing legislation.']

Ratio Decidendi

The evidence as a whole, including expert and factual testimony, overwhelmingly shows that allocation of parental responsibility for the child to the appellant (maternal grandmother) is in the child's paramount best interests, notwithstanding the refusal of a working with children clearance, provided there are robust undertakings and a period of FaCS supervision following the transition.

Court Disposition

Appeal allowed

Orders

  • ['Appeal allowed.' 'Secretary of the Department of Family and Community Services to prepare new permanency plan consistent with judgment.' 'Proceedings to be listed for final orders on 1 July 2016.' 'Liberty to apply to relist the matter for implementing interim orders or identifying required final orders.'...