Re Z [2011] NSWSC 1141

Re Z [2011] NSWSC 1141

The children's safety, welfare and well-being were paramount. On the accepted psychological evidence, the plaintiff's criminal history, his failure to accept responsibility for past sexual offending, the findings of serious ongoing domestic violence, and the risk of re-traumatising the children or exacerbating behavioural difficulties, even supervised contact between the plaintiff and the children would pose an unacceptable risk of harm. The benefits of maintaining parental contact did not outweigh that risk, so the refusal to make a contact order was upheld and the Amended Summons was dismissed.

Jurisdiction
Australia
Judgment Date
15 September 2011
Procedural Posture
Appeal Under S 91 of the Children and Young Persons (care and Protection) Act 1998 Against Orders of the Children's Court / Supreme Court Appeal Against Refusal to Make Contact Orders Under S 86 of the Children and Young Persons (care and Protection) Act 1998
Outcome
Appeal dismissed; Amended Summons dismissed; proceedings ordered to be known as Re Z.
Legal Topics
["appeal From Children's Court" 'contact Orders' 'parental Responsibility' 'unacceptable Risk of Harm' 'supervised Contact' 'domestic Violence' 'child Welfare']
['family Law and Child Welfare' 'care and Protection'] ["appeal From Children's Court" 'contact Orders' 'parental Responsibility' 'unacceptable Risk of Harm' 'supervised Contact' 'domestic Violence' 'child Welfare']

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Procedural Posture

Appeal Under S 91 of the Children and Young Persons (care and Protection) Act 1998 Against Orders of the Children's Court / Supreme Court Appeal Against Refusal to Make Contact Orders Under S 86 of the Children and Young Persons (care and Protection) Act 1998

Legal Issues

  1. 1 ["Whether the Children's Court's refusal to make a contact order under s 86 of the Children and Young Persons (Care and Protection) Act 1998 should be set aside." 'Whether supervised contact between the plaintiff and his children would pose an unacceptable risk of harm to the children.' 'Whether the advantages of maintaining contact with a parent outweighed the risks to the safety, welfare and well-being of the children.']

Ratio Decidendi

The children's safety, welfare and well-being were paramount. On the accepted psychological evidence, the plaintiff's criminal history, his failure to accept responsibility for past sexual offending, the findings of serious ongoing domestic violence, and the risk of re-traumatising the children or exacerbating behavioural difficulties, even supervised contact between the plaintiff and the children would pose an unacceptable risk of harm. The benefits of maintaining parental contact did not outweigh that risk, so the refusal to make a contact order was upheld and the Amended Summons was dismissed.

Court Disposition

Appeal dismissed; Amended Summons dismissed; proceedings ordered to be known as Re Z.

Orders

  • ['Order that the Amended Summons be dismissed.' 'Order that these proceedings be known as Re Z.']