Bell-Collins Children v Secretary, Department of Family and Community Services [2015] NSWSC 701

Bell-Collins Children v Secretary, Department of Family and Community Services [2015] NSWSC 701

The great grandparents are to be joined as parties pursuant to s 98(3) of the Children and Young Persons (Care and Protection) Act 1998 on terms, limited to making submissions and cross-examining solely on their own suitability as alternative carers, as their participation fills an evidentiary gap relevant to the children's best interests without unduly delaying the proceedings.

Parties
Applicant: Bell-Collins Children; First Defendant: Secretary, Department of Family and Community Services; Second Defendant: The Minister, Department of Family and Community Services; Third Defendant: Independent Legal Representative for the Children; Party: The Mother; Party: The Father
Jurisdiction
Australia
Judgment Date
02 June 2015
Procedural Posture
Appeal / Interlocutory Application for Joinder on Appeal
Outcome
Application for joinder allowed on a limited basis; leave granted to great grandparents to be joined as parties for specific purposes.
Legal Topics
Appeal From Children's Court, Joinder of Parties, Children and Young Persons (care and Protection) Act 1998, Procedure Party Status, Parental Responsibility
Family Law Child Welfare Appeal From Children's Court Joinder of Parties Children and Young Persons (care and Protection) Act 1998 Procedure Party Status Parental Responsibility

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Parties

Bell-Collins Children

Applicant

Secretary, Department of Family and Community Services

First Defendant

The Minister, Department of Family and Community Services

Second Defendant

Independent Legal Representative for the Children

Third Defendant

The Mother

Party

The Father

Party

Procedural Posture

Appeal / Interlocutory Application for Joinder on Appeal

Legal Issues

  1. 1 Whether great grandparents should be granted leave under s 98(3) of the Children and Young Persons (Care and Protection) Act 1998 to be joined as parties to the proceedings
  2. 2 Appropriateness of granting party status versus opportunity to be heard under s 87
  3. 3 Scope and limitations on rights of appearance

Ratio Decidendi

The great grandparents are to be joined as parties pursuant to s 98(3) of the Children and Young Persons (Care and Protection) Act 1998 on terms, limited to making submissions and cross-examining solely on their own suitability as alternative carers, as their participation fills an evidentiary gap relevant to the children's best interests without unduly delaying the proceedings.

Court Disposition

Application for joinder allowed on a limited basis; leave granted to great grandparents to be joined as parties for specific purposes.

Orders

  • Leave granted to great grandparents to be joined as parties under s 98(3) of the Children and Young Persons (Care and Protection) Act 1998, limited to: (1) filing evidence; (2) making submissions related to placement of the children if restoration to parents is not possible; (3) being present at court in support of...
  • Parties need only serve the great grandparents with evidence relating to their suitability as carers.