DN v Secretary, Department of Communities and Justice [2023] NSWSC 595

DN v Secretary, Department of Communities and Justice [2023] NSWSC 595

The Children's Court of NSW had jurisdiction under s 90 and s 4(c) of the Care Act to vary or rescind care orders relating to children who, although residing in the UK, remained subject to a final care order made in NSW as a result of events or circumstances giving rise to a report in NSW; and nothing in the Act excludes persons living outside Australia from being suitable persons for allocation of parental responsibility, provided the paramount consideration is the child's welfare.

Parties
Plaintiff: DN; First Defendant: Secretary, Department of Communities and Justice; Second Defendant: CT; Third Defendant: Mr A; Fourth Defendant: Ms L; Fifth Defendant: Children's Court of New South Wales
Jurisdiction
Australia
Judgment Date
02 June 2023
Procedural Posture
Judicial Review (equity Division) / Final Judgment on Amended Summons
Outcome
Amended summons dismissed
Legal Topics
Care and Protection Jurisdiction, Parental Responsibility Orders, Statutory Interpretation, Variation/rescission of Care Orders, Children Leaving NSW, Suitable Person Under Care Act
Child Welfare Administrative Law Care and Protection Jurisdiction Parental Responsibility Orders Statutory Interpretation Variation/rescission of Care Orders Children Leaving NSW Suitable Person Under Care Act

Case Brief

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Parties

DN

Plaintiff

Secretary, Department of Communities and Justice

First Defendant

CT

Second Defendant

Mr A

Third Defendant

Ms L

Fourth Defendant

Children's Court of New South Wales

Fifth Defendant

Procedural Posture

Judicial Review (equity Division) / Final Judgment on Amended Summons

Legal Issues

  1. 1 Whether the Children's Court of NSW had jurisdiction under s 90 of the Care Act to vary or rescind care orders relating to children residing outside NSW
  2. 2 Whether 'suitable person' under s 79(1) of the Care Act can include persons residing overseas

Ratio Decidendi

The Children's Court of NSW had jurisdiction under s 90 and s 4(c) of the Care Act to vary or rescind care orders relating to children who, although residing in the UK, remained subject to a final care order made in NSW as a result of events or circumstances giving rise to a report in NSW; and nothing in the Act excludes persons living outside Australia from being suitable persons for allocation of parental responsibility, provided the paramount consideration is the child's welfare.

Court Disposition

Amended summons dismissed

Orders

  • Amended summons dismissed
  • Court will hear parties as to costs