GR v The Department of Communities & Justice [2021] NSWSC 1013

GR v The Department of Communities & Justice [2021] NSWSC 1013

On the evidence before the Court, including the emails, photographs and information about medical review and proposed scans, the asserted circumstances did not establish a medical emergency or exceptional circumstances warranting invocation of the parens patriae jurisdiction to return AB to GR's care.

Jurisdiction
Australia
Judgment Date
11 August 2021
Procedural Posture
Child Welfare Care Proceedings; Appeal From Care Order of Children's Court; Application to Stay or Set Aside Care Order / Urgent Application in the Equity Expedition List
Outcome
Application refused and dismissed
Legal Topics
['care Order' 'appeal From Care Order' 'parens Patriae Jurisdiction' 'medical Emergency' 'application to Stay or Set Aside Care Order']
['child Welfare' 'equity'] ['care Order' 'appeal From Care Order' 'parens Patriae Jurisdiction' 'medical Emergency' 'application to Stay or Set Aside Care Order']

Case Brief

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Procedural Posture

Child Welfare Care Proceedings; Appeal From Care Order of Children's Court; Application to Stay or Set Aside Care Order / Urgent Application in the Equity Expedition List

Legal Issues

  1. 1 ['Whether the Court should invoke its parens patriae jurisdiction on the basis of an asserted medical emergency involving AB.' "Whether AB should be placed immediately back in GR's care and home."]

Ratio Decidendi

On the evidence before the Court, including the emails, photographs and information about medical review and proposed scans, the asserted circumstances did not establish a medical emergency or exceptional circumstances warranting invocation of the parens patriae jurisdiction to return AB to GR's care.

Court Disposition

Application refused and dismissed

Orders

  • ['Application to intervene pursuant to the parens patriae jurisdiction refused']