MD and HD v Director General of the Department of Community Services [2008] NSWDC 267

MD and HD v Director General of the Department of Community Services [2008] NSWDC 267

Care orders allocating parental responsibility to maternal uncle for two elder children and to paternal grandparents for two younger children are in the best interests of the children, given drug abuse history, failure to comply with urinalysis testing, evidence of dysfunctional environment, and inability of mother and maternal grandmother to provide safe and stable care. Contact with mother to be limited and supervised.

Parties
Mother: Marie D; Maternal Grandmother: Helen D; Maternal Uncle: John D; Paternal Grandmother: Andrea K; Paternal Step Grandfather: Graham K; Father: Paul W; Applicant/respondent: Director General of the Department of Community Services; Independent Children's Lawyer: Heidi Muggenthaler
Jurisdiction
Australia
Judgment Date
20 November 2008
Procedural Posture
Civil / Final Hearing and Orders
Outcome
Orders for parental responsibility and contact made; Children's Court orders set aside; parental responsibility allocated as per attached orders.
Legal Topics
Parental Responsibility, Drug Abuse, Contact Arrangements, Urinalysis Testing, Separation of Siblings
Child Care Family Law Parental Responsibility Drug Abuse Contact Arrangements Urinalysis Testing Separation of Siblings

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Parties

Marie D

Mother

Helen D

Maternal Grandmother

John D

Maternal Uncle

Andrea K

Paternal Grandmother

Graham K

Paternal Step Grandfather

Paul W

Father

Director General of the Department of Community Services

Applicant/respondent

Heidi Muggenthaler

Independent Children's Lawyer

Procedural Posture

Civil / Final Hearing and Orders

Legal Issues

  1. 1 Whether the mother's and maternal grandmother's care is appropriate for the four children
  2. 2 Whether separation of siblings is justified
  3. 3 Drug abuse and urinalysis testing failures

Ratio Decidendi

Care orders allocating parental responsibility to maternal uncle for two elder children and to paternal grandparents for two younger children are in the best interests of the children, given drug abuse history, failure to comply with urinalysis testing, evidence of dysfunctional environment, and inability of mother and maternal grandmother to provide safe and stable care. Contact with mother to be limited and supervised.

Court Disposition

Orders for parental responsibility and contact made; Children's Court orders set aside; parental responsibility allocated as per attached orders.

Orders

  • Parental responsibility for HW and JW allocated to Andrea K and Graham K jointly, with contact arrangements supervised and regulated.
  • Parental responsibility for ED and ND allocated to John D, with supervised contact for mother.