Department of Communities and Justice (DCJ) and Ryan Masters [2020] NSWChC 7

Department of Communities and Justice (DCJ) and Ryan Masters [2020] NSWChC 7

The Aunt has standing to bring the application. The combination of Ryan's self-placement, improved health of the Aunt, and Ryan's expressed views constitute a significant change in relevant circumstances sufficient to justify consideration of rescission or variation. The Aunt's argument for parental responsibility...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
17 July 2020
Procedural Posture
Care and Protection / Application for Leave Under S 90 of the Children and Young Persons (care and Protection) Act 1998
Outcome
Leave under s 90 of the Care Act is granted to the Aunt to bring her application for sole parental responsibility for Ryan.
Legal Topics
['section 90 Leave Applications' 'parental Responsibility' 'standing to Bring Application' 'rescission and Variation of Care Orders' 'significant Change in Circumstances' 'working With Children Check' 'attachment and Psychological Harm']
['child Protection' 'family Law'] ['section 90 Leave Applications' 'parental Responsibility' 'standing to Bring Application' 'rescission and Variation of Care Orders' 'significant Change in Circumstances' 'working With Children Check' 'attachment and Psychological Harm']

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Procedural Posture

Care and Protection / Application for Leave Under S 90 of the Children and Young Persons (care and Protection) Act 1998

Legal Issues

  1. 1 ['Does the Aunt have standing to bring the application?' 'Has there been a significant change in relevant circumstances justifying consideration of rescission or variation?' 'Should leave be granted considering s 90(2A) and s 90(6)?']

Ratio Decidendi

The Aunt has standing to bring the application. The combination of Ryan's self-placement, improved health of the Aunt, and Ryan's expressed views constitute a significant change in relevant circumstances sufficient to justify consideration of rescission or variation. The Aunt's argument for parental responsibility is considered arguable, warranting the grant of leave under s 90.

Court Disposition

Leave under s 90 of the Care Act is granted to the Aunt to bring her application for sole parental responsibility for Ryan.

Orders

  • ['Leave granted for the Aunt to bring application for sole parental responsibility.' 'Leave granted for the filed application to be amended to reflect the orders sought by the Aunt.']