G v Family and Community Services [2019] NSWSC 229

G v Family and Community Services [2019] NSWSC 229

There was no evidentiary basis or exceptional circumstances established by G's application to justify intervention by the Supreme Court in the interim care orders made by the Children's Court; the applicant's opinions and the expert's report were insufficient to found the exercise of the parens patriae jurisdiction.

Parties
Plaintiff: G; First Defendant: Family and Community Services; Second Defendant: Bandyopadhyay Bhaskar
Jurisdiction
Australia
Judgment Date
07 March 2019
Procedural Posture
Summons / Application to Set Aside Interim Care Orders and for Urgent Child Recovery Order
Outcome
Summons dismissed
Legal Topics
Children, Parens Patriae, Interim Care Orders, Urgent Child Recovery, Variation of Children's Court Orders
Family Law Children Parens Patriae Interim Care Orders Urgent Child Recovery Variation of Children's Court Orders

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Parties

G

Plaintiff

Family and Community Services

First Defendant

Bandyopadhyay Bhaskar

Second Defendant

Procedural Posture

Summons / Application to Set Aside Interim Care Orders and for Urgent Child Recovery Order

Legal Issues

  1. 1 Whether orders setting aside interim care orders should be made
  2. 2 Whether the Court should exercise its parens patriae jurisdiction to intervene in Children's Court proceedings

Ratio Decidendi

There was no evidentiary basis or exceptional circumstances established by G's application to justify intervention by the Supreme Court in the interim care orders made by the Children's Court; the applicant's opinions and the expert's report were insufficient to found the exercise of the parens patriae jurisdiction.

Court Disposition

Summons dismissed

Orders

  • Application dismissed
  • No order as to costs