Joshua Douglas and Damien Douglas v Secretary, Department of Family and Community Services & Ors [2017] NSWDC 361

Joshua Douglas and Damien Douglas v Secretary, Department of Family and Community Services & Ors [2017] NSWDC 361

The plaintiffs have a genuine concern for the child, but given the manner in which KD entered their care, the break in care, lack of familial connection, parenting capacity concerns, allegations against Joshua Douglas, his Working with Children bar, inability for oversight, and their history of dishonesty, they do not have sufficient prospects of success in being granted parental responsibility. Accordingly, the Court will not exercise its discretion to grant them leave to be joined as parties under s 98(3) of the Act.

Jurisdiction
Australia
Judgment Date
14 December 2017
Procedural Posture
Civil / Appeal
Outcome
Appeal dismissed
Legal Topics
['joinder of Parties' 'parental Responsibility' "children's Court Jurisdiction"]
['child Law'] ['joinder of Parties' 'parental Responsibility' "children's Court Jurisdiction"]

Case Brief

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Procedural Posture

Civil / Appeal

Legal Issues

  1. 1 ["Whether the plaintiffs should be granted leave to be joined as parties to Children's Court proceedings concerning KD" 'Whether the plaintiffs have sufficient prospects of success in obtaining an order for parental responsibility for KD']

Ratio Decidendi

The plaintiffs have a genuine concern for the child, but given the manner in which KD entered their care, the break in care, lack of familial connection, parenting capacity concerns, allegations against Joshua Douglas, his Working with Children bar, inability for oversight, and their history of dishonesty, they do not have sufficient prospects of success in being granted parental responsibility. Accordingly, the Court will not exercise its discretion to grant them leave to be joined as parties under s 98(3) of the Act.

Court Disposition

Appeal dismissed

Orders

  • ['The Appeal is dismissed.' "The decision of the Children's Court dated 29 September 2017 refusing the plaintiffs' application pursuant to s 98(3) of the Act is confirmed."]