Department of Communities and Justice (DCJ) and Lara [2017] NSWChC 6

Department of Communities and Justice (DCJ) and Lara [2017] NSWChC 6

The applicants, despite having a genuine concern for Lara’s welfare, do not have sufficient prospects of success in being granted parental responsibility for her due to their history of being 'de-authorised' as carers, the serious allegations against DJ, the Working with Children Check bar, and their involvement in an unlawful arrangement for Lara's care. Accordingly, joinder is refused.

Jurisdiction
Australia
Judgment Date
29 September 2017
Procedural Posture
Care and Protection / Application for Joinder
Outcome
Application for joinder refused
Legal Topics
['joinder' 'parental Responsibility' 'carer Suitability' 'best Interests of the Child']
['family Law' 'child Protection'] ['joinder' 'parental Responsibility' 'carer Suitability' 'best Interests of the Child']

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Procedural Posture

Care and Protection / Application for Joinder

Legal Issues

  1. 1 ['Whether the applicants should be joined as parties to care proceedings regarding Lara under s 98(3) of the Children and Young Persons (Care and Protection) Act 1998' 'Whether the applicants have sufficient prospects of success in seeking parental responsibility for Lara to justify joinder' 'Whether history of carer performance, allegations against DJ, and compliance with statutory authorisation disqualifies or weighs against joinder']

Ratio Decidendi

The applicants, despite having a genuine concern for Lara’s welfare, do not have sufficient prospects of success in being granted parental responsibility for her due to their history of being 'de-authorised' as carers, the serious allegations against DJ, the Working with Children Check bar, and their involvement in an unlawful arrangement for Lara's care. Accordingly, joinder is refused.

Court Disposition

Application for joinder refused

Orders

  • ['The application for joinder is refused.']