Re Daisy [2015] NSWSC 359

Re Daisy [2015] NSWSC 359

The Court found that exceptional circumstances warranting interim orders for parental responsibility to the paternal grandmother were not established, and there is no substantiated risk to Daisy in current placement, so the application was dismissed.

Parties
Plaintiff: Daisy's Paternal Grandmother; 1st Defendant: Children's Court of NSW; 2nd Defendant: Secretary of the Department of Family and Community Services; 3rd Defendant: Minister for Family and Community Services; 4th Defendant: Daisy's Father; 5th Defendant: Daisy's Mother; 6th Defendant: Independent Legal Representative of Daisy
Jurisdiction
Australia
Judgment Date
30 March 2015
Procedural Posture
Application for Interim Parental Responsibility / Ex Tempore Judgment, Urgent Application
Outcome
Application dismissed
Legal Topics
Interim Parental Responsibility, Risk Assessment, Aboriginal Child Placement, Exceptional Circumstances
Children's Law Family Law Interim Parental Responsibility Risk Assessment Aboriginal Child Placement Exceptional Circumstances

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Parties

Daisy's Paternal Grandmother

Plaintiff

Children's Court of NSW

1st Defendant

Secretary of the Department of Family and Community Services

2nd Defendant

Minister for Family and Community Services

3rd Defendant

Daisy's Father

4th Defendant

Daisy's Mother

5th Defendant

Independent Legal Representative of Daisy

6th Defendant

Procedural Posture

Application for Interim Parental Responsibility / Ex Tempore Judgment, Urgent Application

Legal Issues

  1. 1 Whether interim parental responsibility of Daisy should be granted to the paternal grandmother
  2. 2 Whether exceptional circumstances exist to warrant interim relief
  3. 3 Whether there is substantiated risk to Daisy in current placement

Ratio Decidendi

The Court found that exceptional circumstances warranting interim orders for parental responsibility to the paternal grandmother were not established, and there is no substantiated risk to Daisy in current placement, so the application was dismissed.

Court Disposition

Application dismissed

Orders

  • The application for an order that interim parental responsibility for Daisy be granted to the paternal grandmother until further order of the Children's Court or other Court is dismissed.