B and Anor v Director-General, Department of Human Services and Ors [2010] NSWDC 276

B and Anor v Director-General, Department of Human Services and Ors [2010] NSWDC 276

T was in need of care and protection, was securely attached to the maternal grandmother, and there was no realistic possibility of restoration to either parent. The mother's unresolved psychological, behavioural, housing and reliability problems made contact contrary to T's best interests unless circumstances changed. The father had recently been stable but had a chronic and relapsing condition, a history of violence and continuing anger-management concerns, so his contact should remain supervised and restoration was not a real possibility within a viable timeframe. The paternal grandmother could have unsupervised monthly contact because it posed no unacceptable risk if she undertook not...

Jurisdiction
Australia
Judgment Date
10 December 2010
Procedural Posture
Civil Care and Protection Appeal / Appeal to the District Court by Way of a New Hearing From Findings and Orders of the Children's Court Made on 17 December 2009
Outcome
Appeal dismissed in effect; Children's Court orders confirmed except that the paternal grandmother was given a minimum of two hours' unsupervised contact once a month, subject to undertakings.
Legal Topics
['realistic Possibility of Restoration' 'parental Responsibility Allocation' 'supervised Contact' 'unsupervised Contact' 'contact Undertakings' 'order Prohibiting Action']
['child Protection' 'care and Protection' 'parental Responsibility'] ['realistic Possibility of Restoration' 'parental Responsibility Allocation' 'supervised Contact' 'unsupervised Contact' 'contact Undertakings' 'order Prohibiting Action']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil Care and Protection Appeal / Appeal to the District Court by Way of a New Hearing From Findings and Orders of the Children's Court Made on 17 December 2009

Legal Issues

  1. 1 ['Whether there is a realistic prospect of restoration of T to either parent.' 'Whether an order allocating parental responsibility should be made and, if so, to whom.' 'The appropriate order in relation to minimum contact by the father.' 'The appropriate order in relation to minimum contact by the paternal grandmother.' 'Whether the mother should be denied contact with T.']

Ratio Decidendi

T was in need of care and protection, was securely attached to the maternal grandmother, and there was no realistic possibility of restoration to either parent. The mother's unresolved psychological, behavioural, housing and reliability problems made contact contrary to T's best interests unless circumstances changed. The father had recently been stable but had a chronic and relapsing condition, a history of violence and continuing anger-management concerns, so his contact should remain supervised and restoration was not a real possibility within a viable timeframe. The paternal grandmother could have unsupervised monthly contact because it posed no unacceptable risk if she undertook not...

Court Disposition

Appeal dismissed in effect; Children's Court orders confirmed except that the paternal grandmother was given a minimum of two hours' unsupervised contact once a month, subject to undertakings.

Orders

  • ['Orders were made in accordance with paragraphs 1, 2 and 3(i) and (iii) of the minute of order provided by the Director-General, with the effect that orders (1)-(6) and (8) summarised in paragraph 4 of the judgment were confirmed.' 'Pursuant to s 86(1)(a), the paternal grandmother may exercise contact with T for a...