GR v Secretary, Department of Family and Community Services and Justice & Ors [2019] NSWSC 1146

GR v Secretary, Department of Family and Community Services and Justice & Ors [2019] NSWSC 1146

Exceptional circumstances justifying urgent Supreme Court intervention were not established as at the hearing. The child's current hospitalisation and medical condition do not warrant discharge contrary to medical advice or disturbing existing Children's Court interim care orders. The case is best determined in the pre-scheduled Children's Court proceedings, where full evidence and cross-examination can occur, and interim relief remains available to the plaintiff in the meantime.

Parties
Plaintiff (the Mother): GR; First Defendant: Secretary, Department of Family and Community Services and Justice; Second Defendant: Minister for Family, Community and Disability Services; Third Defendant: The father; Fourth Defendant (the Young Person): The boy
Jurisdiction
Australia
Judgment Date
03 September 2019
Procedural Posture
Interlocutory Application in Ongoing Care Proceedings / Application to Supreme Court for Parens Patriae Relief Prior to Final Children's Court Hearing
Outcome
Application dismissed; proceedings adjourned; costs awarded against plaintiff.
Legal Topics
Parental Responsibility, Parens Patriae Jurisdiction, Interim Care Orders, Exceptional Circumstances Standard, Medical Treatment of Children
Family Law Child Welfare Law Parental Responsibility Parens Patriae Jurisdiction Interim Care Orders Exceptional Circumstances Standard Medical Treatment of Children

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 14 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

GR

Plaintiff (the Mother)

Secretary, Department of Family and Community Services and Justice

First Defendant

Minister for Family, Community and Disability Services

Second Defendant

The father

Third Defendant

The boy

Fourth Defendant (the Young Person)

Procedural Posture

Interlocutory Application in Ongoing Care Proceedings / Application to Supreme Court for Parens Patriae Relief Prior to Final Children's Court Hearing

Legal Issues

  1. 1 Whether exceptional circumstances exist to justify the Supreme Court's exercise of parens patriae jurisdiction to intervene in/interfere with Children's Court interim orders conferring parental responsibility on the Minister; Whether the child should be discharged from hospital into the mother's care or be restored to her parental responsibility; Appropriateness of continuing medical interventions and current placement under Departmental responsibility

Ratio Decidendi

Exceptional circumstances justifying urgent Supreme Court intervention were not established as at the hearing. The child's current hospitalisation and medical condition do not warrant discharge contrary to medical advice or disturbing existing Children's Court interim care orders. The case is best determined in the pre-scheduled Children's Court proceedings, where full evidence and cross-examination can occur, and interim relief remains available to the plaintiff in the meantime.

Court Disposition

Application dismissed; proceedings adjourned; costs awarded against plaintiff.

Orders

  • Dismiss the plaintiff's application for relief brought by oral motion on 30 August 2019.
  • Order the plaintiff to pay the first and second defendant's costs of the application on 30 August 2019.