DFaCS & the Steward Children [2019] NSWChC 1

DFaCS & the Steward Children [2019] NSWChC 1

The amended s 83 test requires consideration of whether restoration is realistically possible within a reasonable period, including likely future events, but a parent must already have begun addressing identified parenting deficiencies with sufficient progress to allow continuing success to be confidently predicted. The mother conceded there was no realistic possibility of restoration and had not demonstrated commenced improvement or success. The father had no insight into his parenting deficiencies, was subject to an AVO preventing contact with the children and the mother, and was not in a position to have the children restored at present or within a reasonable period. Therefore there...

Jurisdiction
Australia
Judgment Date
13 March 2019
Procedural Posture
Care and Protection Proceedings / Ex Tempore Judgment on Whether There Is a Realistic Possibility of Restoration Under S 83 of the Children and Young Persons (care and Protection) Act 1998
Outcome
There is no realistic possibility of restoration of the children to either parent.
Legal Topics
['realistic Possibility of Restoration' 'permanency Planning' 'parental Responsibility' 'care Plans' 'interim Care Orders']
['care and Protection' 'children'] ['realistic Possibility of Restoration' 'permanency Planning' 'parental Responsibility' 'care Plans' 'interim Care Orders']

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Procedural Posture

Care and Protection Proceedings / Ex Tempore Judgment on Whether There Is a Realistic Possibility of Restoration Under S 83 of the Children and Young Persons (care and Protection) Act 1998

Legal Issues

  1. 1 ["Whether the Children's Court should accept the Secretary's assessment that there is no realistic possibility of restoration of the children to either parent within a reasonable period." 'What effect the amendments adding the words "within a reasonable period" to s 83 of the Children and Young Persons (Care and Protection) Act 1998 have on the test for realistic possibility of restoration.' "Whether the father's application for an adjournment to obtain legal representation should be granted."]

Ratio Decidendi

The amended s 83 test requires consideration of whether restoration is realistically possible within a reasonable period, including likely future events, but a parent must already have begun addressing identified parenting deficiencies with sufficient progress to allow continuing success to be confidently predicted. The mother conceded there was no realistic possibility of restoration and had not demonstrated commenced improvement or success. The father had no insight into his parenting deficiencies, was subject to an AVO preventing contact with the children and the mother, and was not in a position to have the children restored at present or within a reasonable period. Therefore there...

Court Disposition

There is no realistic possibility of restoration of the children to either parent.

Orders

  • ["The father's application for an adjournment was refused." 'The Court accepted that there is no realistic possibility of restoration to the mother.' 'The Court found that there is no realistic possibility of restoration to the father.']