LZ v Secretary, Department of Family and Community Services [2019] NSWDC 156

LZ v Secretary, Department of Family and Community Services [2019] NSWDC 156

Although the mother had made positive changes in her life, including professional registration, secure employment, owned accommodation, contact attendance and some insight, those changes did not amount to a significant change in relevant circumstances for s 90(2). The child had been in a safe, secure and successful foster placement for nearly three years, wished to remain there, continued to have anxiety concerning the mother, and the proposed three-month transition was unrealistic. The mother also had not demonstrated sufficient insight into the past harm and did not have an arguable case with some prospect of success. Even if the threshold had been met, the Court would have refused...

Jurisdiction
Australia
Judgment Date
01 May 2019
Procedural Posture
Care and Protection Appeal From the New South Wales Children's Court Concerning Leave to Apply to Rescind or Vary Care Orders / District Court New Hearing Appeal From the Children's Court's Refusal of Leave Under S 90 of the Children and Young Persons (care and Protection) Act 1998 (nsw)
Outcome
The Summons filed 11 September 2018 was dismissed and the appeal was dismissed.
Legal Topics
['rescission or Variation of Care Orders' 'significant Change in Relevant Circumstances' 'best Interests, Safety, Welfare and Well Being of Child' 'arguable Case for Leave' 'foster Care Placement' 'parental Responsibility']
['child Welfare' 'care and Protection' "children's Court Appeals"] ['rescission or Variation of Care Orders' 'significant Change in Relevant Circumstances' 'best Interests, Safety, Welfare and Well Being of Child' 'arguable Case for Leave' 'foster Care Placement' 'parental Responsibility']

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Procedural Posture

Care and Protection Appeal From the New South Wales Children's Court Concerning Leave to Apply to Rescind or Vary Care Orders / District Court New Hearing Appeal From the Children's Court's Refusal of Leave Under S 90 of the Children and Young Persons (care and Protection) Act 1998 (nsw)

Legal Issues

  1. 1 ['Whether there had been a significant change in any relevant circumstances since the care order was made on 30 March 2017.' 'Whether the mandatory considerations in s 90(2A) of the Children and Young Persons (Care and Protection) Act 1998 (NSW), including whether the mother had an arguable case, supported granting leave.' 'Whether, if the threshold in s 90(2) were met, the Court should exercise its discretion to grant leave to apply to rescind or vary the care orders.']

Ratio Decidendi

Although the mother had made positive changes in her life, including professional registration, secure employment, owned accommodation, contact attendance and some insight, those changes did not amount to a significant change in relevant circumstances for s 90(2). The child had been in a safe, secure and successful foster placement for nearly three years, wished to remain there, continued to have anxiety concerning the mother, and the proposed three-month transition was unrealistic. The mother also had not demonstrated sufficient insight into the past harm and did not have an arguable case with some prospect of success. Even if the threshold had been met, the Court would have refused...

Court Disposition

The Summons filed 11 September 2018 was dismissed and the appeal was dismissed.

Orders

  • ['The Summons filed 11 September 2018 is dismissed.' 'The appeal is dismissed.']