A v The Secretary, Family & Community Services (No 2) [2016] NSWDC 13

A v The Secretary, Family & Community Services (No 2) [2016] NSWDC 13

It is in the best interests of the children for parental responsibility to be re-allocated from the Minister to the maternal grandmother, but with a period of three years where responsibility for medical, dental and allied health needs is held jointly with the Minister to ensure continuity of care during transition.

Parties
Appellant Maternal Grandmother: A; Second Child: B; First Child: C; First Respondent: Secretary, of Family & Community Services; Second Respondent: Minister for Family & Community Services
Jurisdiction
Australia
Judgment Date
26 February 2016
Procedural Posture
Child Care Appeal / Final Orders After Appeal Allowed
Outcome
appeal allowed; previous orders set aside; parental responsibility re-allocated with period of joint responsibility for medical and allied needs; supervision and reporting orders made
Legal Topics
Care and Parental Responsibility, Children and Young Persons (care and Protection) Act 1998, Shared Care Arrangement, Final Orders
Child Welfare Care and Parental Responsibility Children and Young Persons (care and Protection) Act 1998 Shared Care Arrangement Final Orders

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Parties

A

Appellant Maternal Grandmother

B

Second Child

C

First Child

Secretary, of Family & Community Services

First Respondent

Minister for Family & Community Services

Second Respondent

Procedural Posture

Child Care Appeal / Final Orders After Appeal Allowed

Legal Issues

  1. 1 Allocation of parental responsibility for children
  2. 2 Shared care arrangement for medical, dental and allied needs
  3. 3 Continuity of care during transfer

Ratio Decidendi

It is in the best interests of the children for parental responsibility to be re-allocated from the Minister to the maternal grandmother, but with a period of three years where responsibility for medical, dental and allied health needs is held jointly with the Minister to ensure continuity of care during transition.

Court Disposition

appeal allowed; previous orders set aside; parental responsibility re-allocated with period of joint responsibility for medical and allied needs; supervision and reporting orders made

Orders

  • The appeal is allowed.
  • The orders made in the Children's Court at Lismore on 21 October 2014 are set aside.