GR v Secretary, Department of Family and Community Services and Justice & Ors (No 2) [2019] NSWSC 1725

GR v Secretary, Department of Family and Community Services and Justice & Ors (No 2) [2019] NSWSC 1725

There were exceptional circumstances—primarily the lengthy hospitalisation of the child and delay in final Children's Court proceedings—warranting the exercise of the parens patriae jurisdiction to order implementation of the initial phase of a proposed treatment plan to transition the child from hospital. The child’s best interests are served by commencing a professionally managed transition process, with ultimate parental responsibility and any potential restoration to parental care to be determined by the Children's Court.

Parties
Applicant: The mother; First Respondent: Secretary, Department of Communities and Justice; Second Respondent: Minister for Families, Communities and Disability Services; Third Respondent: The father; Fourth Respondent: The child; Amicus Curiae: Sydney Children's Hospital Network
Jurisdiction
Australia
Judgment Date
04 December 2019
Procedural Posture
Application Under Parens Patriae Jurisdiction / Ruling on Care Orders and Proposed Transition Plan
Outcome
Care orders not set aside. Order made for implementation of initial phase of proposed treatment plan. Parental responsibility to be determined by the Children's Court.
Legal Topics
Parens Patriae Jurisdiction, Care and Protection of Children, Restoration to Parental Care, Implementation of Treatment Plans
Family Law Equity Child Protection Parens Patriae Jurisdiction Care and Protection of Children Restoration to Parental Care Implementation of Treatment Plans

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Parties

The mother

Applicant

Secretary, Department of Communities and Justice

First Respondent

Minister for Families, Communities and Disability Services

Second Respondent

The father

Third Respondent

The child

Fourth Respondent

Sydney Children's Hospital Network

Amicus Curiae

Procedural Posture

Application Under Parens Patriae Jurisdiction / Ruling on Care Orders and Proposed Transition Plan

Legal Issues

  1. 1 Whether there are exceptional circumstances to warrant the exercise of the parens patriae jurisdiction to alter care arrangements for a child under the Minister's parental responsibility
  2. 2 Whether the proposed treatment plan for transitioning the child out of hospital is in the child's best interests
  3. 3 Whether immediate restoration to parental care should occur or whether transition should be managed under a treatment plan

Ratio Decidendi

There were exceptional circumstances—primarily the lengthy hospitalisation of the child and delay in final Children's Court proceedings—warranting the exercise of the parens patriae jurisdiction to order implementation of the initial phase of a proposed treatment plan to transition the child from hospital. The child’s best interests are served by commencing a professionally managed transition process, with ultimate parental responsibility and any potential restoration to parental care to be determined by the Children's Court.

Court Disposition

Care orders not set aside. Order made for implementation of initial phase of proposed treatment plan. Parental responsibility to be determined by the Children's Court.

Orders

  • First and Second Respondents (Minister and Secretary) to consent to and cooperate in implementing proposed treatment plan for the child (Annexure A), unless treating doctors advise otherwise for the child's best interests.
  • Order does not prevent treating doctors from suspending, varying or amending the plan as needed for the child's best interests.