FaCS v Dimitri [2012] NSWChC 12

Procedural Posture

Care and Protection Proceedings / Final Judgment After Hearing

Legal Issues

1. 1 ['Whether there was a realistic possibility of restoration of the children to the mother.' 'Whether all aspects of parental responsibility should be allocated to the father until each child attained 18 years.' 'Whether the mother should be prohibited from having any contact with the children until they attained 18 years.' 'Whether the Court should accept undertakings from the father, including whether an undertaking requiring him to refrain from contact with the mother was necessary.']

Ratio Decidendi

The Court accepted the expert evidence of Ms Gagliardi and the medical evidence of Prof. Jaffe, found that the mother suffered from Narcissistic Personality Disorder and displayed many signs of Factitious Disorder by Proxy or Munchausen by Proxy, that this behaviour significantly contributed to Alex's illness and risked a fatal asthma attack, and that all four children were at risk of harm in the mother's care. There was no reasonable possibility of restoration to the mother. The father was an appropriate placement, the care plans adequately addressed permanency, and the best interests, welfare, safety and wellbeing of the children required that the mother have no contact with them until...

Court Disposition

All aspects of parental responsibility allocated to the father until each child attains 18 years; children supervised by the Minister for 12 months; father's undertakings accepted; mother prohibited from having any contact with the children until they attain 18 years.

Orders

• ['Pursuant to section 79(1)(a)(iii) all aspects of parental responsibility for the children Alex, Kylie, Luke and Rebecca are allocated to their father, Cyril Dimitri, until each child attains the age of 18 years.' 'Pursuant to section 76 the children are to be supervised by the Minister for a period of 12 months...