GR v Secretary, Department of Family and Community Services and Justice & Ors [2019] NSWSC 1073

GR v Secretary, Department of Family and Community Services and Justice & Ors [2019] NSWSC 1073

While exceptional circumstances were demonstrated, they were insufficient to justify setting aside the Children's Court orders. The evidence did not permit the Court to find positively in favour of the mother's capacity to care for the boy in his best interests, and out of home care arrangements were deemed suitable pending the Children's Court's final hearing.

Parties
Plaintiff: The mother; First Defendant: Secretary, Department of Family and Community Services and Justice; Second Defendant: Minister for Families, Communities and Disability Services; Third Defendant: The father; Fourth Defendant: The boy
Jurisdiction
Australia
Judgment Date
21 August 2019
Procedural Posture
Equity Parens Patriae / Urgent Application in Duty List; Orders Made After Final Hearing
Outcome
Application to set aside Children's Court care orders dismissed; other orders made to facilitate medical care and family contact.
Legal Topics
Parens Patriae Jurisdiction, Children's Court Care Orders, Exceptional Circumstances, Parenting Capacity
Family Law Child Protection Parens Patriae Jurisdiction Children's Court Care Orders Exceptional Circumstances Parenting Capacity

Case Brief

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Parties

The mother

Plaintiff

Secretary, Department of Family and Community Services and Justice

First Defendant

Minister for Families, Communities and Disability Services

Second Defendant

The father

Third Defendant

The boy

Fourth Defendant

Procedural Posture

Equity Parens Patriae / Urgent Application in Duty List; Orders Made After Final Hearing

Legal Issues

  1. 1 Whether the Court should set aside care orders made by the Children's Court
  2. 2 Whether exceptional circumstances exist to warrant intervention
  3. 3 The best interests of the child

Ratio Decidendi

While exceptional circumstances were demonstrated, they were insufficient to justify setting aside the Children's Court orders. The evidence did not permit the Court to find positively in favour of the mother's capacity to care for the boy in his best interests, and out of home care arrangements were deemed suitable pending the Children's Court's final hearing.

Court Disposition

Application to set aside Children's Court care orders dismissed; other orders made to facilitate medical care and family contact.

Orders

  • Direct the First Defendant to permit and facilitate implementation of recommendations in medical report, subject to ongoing management by treating doctors.
  • Permit any combination of parents or grandparents not exceeding two persons to visit the boy at least twice weekly, unless the Minister or delegate objects.