Nan v Secretary Department of Family and Community Services [2016] NSWDC 271

Nan v Secretary Department of Family and Community Services [2016] NSWDC 271

The mother failed to establish that there has been a significant change in relevant circumstances since the making of the care order and failed to demonstrate she has an arguable case for rescission of the orders. Her improvements, such as completion of parenting courses and accommodation stability, were not significant enough—particularly in light of the absence of a support network and insight into previous parenting issues. The stability of the child's current placement and potential harm from removal outweighed any of the alleged improvements. Accordingly, leave is refused and the summons dismissed.

Jurisdiction
Australia
Judgment Date
03 May 2016
Procedural Posture
Application for Leave to Rescind Children's Court Order Under S 90 Children and Young Persons (care and Protection) Act 1998 (nsw) / Hearing of Application for Leave to Rescind Order (de Novo Review)
Outcome
Application dismissed
Legal Topics
['rescission of Care Orders' 'significant Change in Circumstances' 'section 90 Leave Application' 'arguable Case' 'parental Responsibility']
['child Law' 'care and Protection'] ['rescission of Care Orders' 'significant Change in Circumstances' 'section 90 Leave Application' 'arguable Case' 'parental Responsibility']

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Procedural Posture

Application for Leave to Rescind Children's Court Order Under S 90 Children and Young Persons (care and Protection) Act 1998 (nsw) / Hearing of Application for Leave to Rescind Order (de Novo Review)

Legal Issues

  1. 1 ["Whether there has been 'significant change' in any relevant circumstances since the original care order" 'Whether the applicant (mother) has an arguable case for rescission of current care orders under s 90 of the Act']

Ratio Decidendi

The mother failed to establish that there has been a significant change in relevant circumstances since the making of the care order and failed to demonstrate she has an arguable case for rescission of the orders. Her improvements, such as completion of parenting courses and accommodation stability, were not significant enough—particularly in light of the absence of a support network and insight into previous parenting issues. The stability of the child's current placement and potential harm from removal outweighed any of the alleged improvements. Accordingly, leave is refused and the summons dismissed.

Court Disposition

Application dismissed

Orders

  • ['Summons dismissed.']