Re Neil (No 2) [2021] NSWSC 1142

Re Neil (No 2) [2021] NSWSC 1142

Given Neil’s age, vulnerability, prior mental health and criminal history, and the evidence that Neil was responding well to the Sherwood House program, it is in his best interests to make the recovery order and extend the secure accommodation and care orders.

Jurisdiction
Australia
Judgment Date
08 September 2021
Procedural Posture
Child Welfare Proceedings / Ex Tempore Judgment Following Hearing for Recovery and Extension of Secure Accommodation Orders
Outcome
Recovery order and extension of secure accommodation orders granted
Legal Topics
['recovery Orders' 'secure Accommodation' 'best Interests of the Child']
['family Law' 'child Welfare' 'equity'] ['recovery Orders' 'secure Accommodation' 'best Interests of the Child']

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Procedural Posture

Child Welfare Proceedings / Ex Tempore Judgment Following Hearing for Recovery and Extension of Secure Accommodation Orders

Legal Issues

  1. 1 ['Whether the Court should make a recovery order under the Family Law Act 1975 (Cth) for Neil' "Whether it is in Neil's best interests to return to secure accommodation at Sherwood House"]

Ratio Decidendi

Given Neil’s age, vulnerability, prior mental health and criminal history, and the evidence that Neil was responding well to the Sherwood House program, it is in his best interests to make the recovery order and extend the secure accommodation and care orders.

Court Disposition

Recovery order and extension of secure accommodation orders granted

Orders

  • ['Pursuant to sections 67T and 67U of the Family Law Act 1975 (Cth), all officers of the NSW Police Force are authorised and directed to locate and recover Neil and deliver him to the Secretary or delegate, using force if necessary, including stopping and searching vehicles and premises.' 'Orders extending secure...