Re M (No 6) [2016] NSWSC 170

Re M (No 6) [2016] NSWSC 170

The evidence did not support that there has been a significant change in relevant circumstances to justify granting BM leave to apply to rescind or vary the care orders concerning parental responsibility. BM has not demonstrated sufficient insight or stable, improved conduct for a sufficient period. BM's appeal for leave to apply to rescind or vary the care orders regarding parental responsibility is rejected. However, in relation to access arrangements, further submissions are invited as the evidence suggests possible significant change, but the appropriateness of leave, conditions or deferral requires further argument.

Parties
Plaintiff: BM; First Defendant: Department of Family & Community Services; Second Defendant: MB; Third Defendant: MS; Fourth Defendant: RM; Fifth Defendant: HM; Sixth Defendant: ZM
Jurisdiction
Australia
Judgment Date
03 March 2016
Procedural Posture
Appeal / Decision on Appeal and Application for Leave to Apply to Rescind or Vary Care Orders
Outcome
Plaintiff's appeal for leave to apply to rescind or vary the care orders regarding parental responsibility is rejected; decision on access arrangements deferred for further submissions.
Legal Topics
Care Orders, Leave to Appeal, Rescission or Variation of Care Orders, Parental Responsibility, Access Arrangements
Civil Procedure Children Care Orders Leave to Appeal Rescission or Variation of Care Orders Parental Responsibility Access Arrangements

Case Brief

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Parties

BM

Plaintiff

Department of Family & Community Services

First Defendant

MB

Second Defendant

MS

Third Defendant

RM

Fourth Defendant

HM

Fifth Defendant

ZM

Sixth Defendant

Procedural Posture

Appeal / Decision on Appeal and Application for Leave to Apply to Rescind or Vary Care Orders

Legal Issues

  1. 1 Whether there has been a significant change in relevant circumstances under s 90 of the Children and Young Persons (Care and Protection) Act 1998 (NSW) to warrant leave to apply to rescind or vary care orders
  2. 2 Whether the appellant has an arguable case for restoration of the children or for change to access arrangements
  3. 3 Whether the Court may grant leave to appeal in relation to part of a care order or subject to conditions

Ratio Decidendi

The evidence did not support that there has been a significant change in relevant circumstances to justify granting BM leave to apply to rescind or vary the care orders concerning parental responsibility. BM has not demonstrated sufficient insight or stable, improved conduct for a sufficient period. BM's appeal for leave to apply to rescind or vary the care orders regarding parental responsibility is rejected. However, in relation to access arrangements, further submissions are invited as the evidence suggests possible significant change, but the appropriateness of leave, conditions or deferral requires further argument.

Court Disposition

Plaintiff's appeal for leave to apply to rescind or vary the care orders regarding parental responsibility is rejected; decision on access arrangements deferred for further submissions.

Orders

  • Leave granted to BM to commence the appeal out of time.
  • Plaintiff's appeal on application for leave to rescind or vary care orders concerning parental responsibility is rejected.