Re; Alan [2008] NSWSC 379

Re; Alan [2008] NSWSC 379

The circumstances relied on by the plaintiffs, including delay, changed circumstances, distress to the children, separate placements and difficulties with contact, were insufficient to constitute exceptional circumstances justifying invocation of the Supreme Court's parens patriae jurisdiction to interfere with an interim care order of the Children's Court. The Supreme Court could not simply set aside the Children's Court order in the manner sought. The summons was therefore dismissed. Costs were not ordered against the plaintiffs because the application was not frivolous or vexatious and burdening the parents with costs would not advance the interests of the children.

Jurisdiction
Australia
Judgment Date
23 April 2008
Procedural Posture
Application Invoking the Supreme Court's Parens Patriae Jurisdiction Concerning an Interim Care Order of the Children's Court of New South Wales / Ex Tempore Judgment on Summons
Outcome
Application dismissed. No order as to costs.
Legal Topics
['interim Care Orders' 'parental Responsibility to the Minister for Community Services' 'exceptional Circumstances for Supreme Court Intervention' 'contact With Children' 'costs']
['family Law and Child Welfare' 'care and Protection' 'parens Patriae Jurisdiction'] ['interim Care Orders' 'parental Responsibility to the Minister for Community Services' 'exceptional Circumstances for Supreme Court Intervention' 'contact With Children' 'costs']

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Procedural Posture

Application Invoking the Supreme Court's Parens Patriae Jurisdiction Concerning an Interim Care Order of the Children's Court of New South Wales / Ex Tempore Judgment on Summons

Legal Issues

  1. 1 ["Whether the Supreme Court should exercise its parens patriae jurisdiction to discharge or affect an interim care order made by the Children's Court." 'Whether exceptional circumstances existed to justify invoking the parens patriae jurisdiction where parents were dissatisfied with an interim care order.' "Whether the Children's Court should be directed to hear the mother's application within 14 days." "Whether the plaintiffs should pay the costs of the Department of Community Services and the independent children's representative."]

Ratio Decidendi

The circumstances relied on by the plaintiffs, including delay, changed circumstances, distress to the children, separate placements and difficulties with contact, were insufficient to constitute exceptional circumstances justifying invocation of the Supreme Court's parens patriae jurisdiction to interfere with an interim care order of the Children's Court. The Supreme Court could not simply set aside the Children's Court order in the manner sought. The summons was therefore dismissed. Costs were not ordered against the plaintiffs because the application was not frivolous or vexatious and burdening the parents with costs would not advance the interests of the children.

Court Disposition

Application dismissed. No order as to costs.

Orders

  • ['Summons dismissed.' 'No order as to costs.']