CHILDREN - Care and Protection – Section 90 - Interim Order – Court has power to make an interim order prior to leave being granted – Jurisdiction – Cannot rescind or vary an order that is not in existence – Unacceptable risk is not determinative of best interests – Determination of ‘best interests’ – Consideration of ‘least intrusiveness’ and ‘placement principles’
CHILDREN – Care and Protection – Funded Service Providers – unsatisfactory case management – subpoena inspection – best practice – Children’s Court Clinic recommendations – follow up – realistic possibility of restoration
CHILDREN – Care and Protection – application under s 90 of the Care Act for variation of final Care orders – application for contact – child’s best interests – further assessment of the child
CHILD WELFARE - Care proceedings - Application of the Evidence Act in Care proceedings - compellability of spouses under General Law - compellability of spouses in care proceedings
Care and protection – prohibition orders – s 90A – categories of persons against whom orders can be made – history of amendments - prohibition order to prevent child residing with mother – impact on Minister’s interim order for parental responsibility – consideration of Re Josie [2004] NSWSC 642
CHILDREN – Care and protection - rescission of Care Orders – standing - shared parental responsibility with Minister for cultural up-bringing - sufficient interest in the welfare of a child – subsequent s 90 applications – meaning of series of applications for leave – self-placement – significant change in relevant circumstances – arguable case – working with children check – applicable factors for s 90 leave following amendment of Care Act
CHILDREN – Care and protection - rescission of Care Orders – standing – authorised carers - sufficient interest in the welfare of a child – daily care and control of a child - removal of children from authorised carers - whether removal negates ‘sufficient interest’ – comparison of ‘sufficient interest’ and ‘genuine concern’ – delay – conduct of carers following removal
CHILDREN – Care and protection – joinder - application under s 98(3) of the Children and Young Persons (Care and Protection) Act 1998 – safety, welfare and well-being of the children – whether the Court should exercise its discretion – delay - arguable case - authorised carer – children under the care of the Minister - jurisdiction for review of removal of children from authorised carer
CHILDREN – STATUTORY INTERPRETATION - Children and Young Persons (Care and Protection) Act 1998 – parties to care proceedings – meaning of “party” – definitions of “parent” and “parental responsibility” – right of appearance of parents from whom parental responsibility was removed prior to the commencement of the Care proceedings – joinder pursuant to s 98(3) – appearance of persons having a “genuine concern for the safety, welfare and well-being” of a child – consideration of s. 256A Children and Young Persons (Care and Protection) Act 1998 when person holding parental responsibility has been charged with sexual offences in relation to a child the subject of Care proceedings
CHILDREN - Care and Protection - supervision order made pursuant to s 76 of Children and Young Persons (Care and Protection) Act 1998 - late filing of the supervision report ordered pursuant to s 76(4) - effect of lateness - finality of litigation and the extinguishment of jurisdiction beyond the date of the supervision order - extension of time for filing of the supervision report not permissible
CHILDREN – Care and protection – Reports under s 82 of the Care Act – effect of late filing of s 82 Reports – finality of litigation – when the jurisdiction of the Children’s Court ends
CHILDREN - Care and Protection - whether there is a realistic possibility of restoration of children to their parents following their removal-s83 Care Act
Judgment of
Judge Peter Johnstone, President of the Children’s Court of NSW
Child in need of care and protection: establishment hearing – onus of proof on the Secretary – fractures in non-ambulant child – whether more probably caused by inflicted injury or bone fagility
CHILDREN - Care and Protection - term “parent” - exclusion of father from proceedings (s 104A Care Act) - father and legal representative not to be served with materials (s 64(7)(a)(ii), - father prohibited from having contact with the children (s 90A)
CHILDREN - Care and Protection - application for costs under s 88 of the Care Act - whether there are exceptional circumstances to justify a costs order
Judgment of
Judge Peter Johnstone, President of the Children’s Court of New South Wales
CHILDREN - Care and Protection - application under s 90 of the Care Act for variation of final Care orders - whether previous orders should be varied so as to make specific orders for contact with the paternal grandmother and aunt under s 86
Judgment of
Judge Peter Johnstone, President of the Children's Court of New South Wales
CHILDREN - Care and Protection - realistic possibility of restoration - permanent placement in out-of-home care - contact - permanency planning - allocation of parental responsibility
Judgment of
Judge Peter Johnstone, President of the Children's Court of New South Wales
CHILDREN - Care and Protection - application for leave to apply under s 90 of the Care Act for rescission of final Care orders - whether there has been a significant change in any relevant circumstances since the final Care orders were made - if so, whether leave should be granted having taken into account the matters specified in s 90(2A) - whether there is an arguable case
Judgment of
Judge Peter Johnstone, President of the Children's Court of New South Wales
CHILDREN - Care and Protection - Aboriginal baby assumed into care at birth - whether a realistic possibility of restoration existed - allocation of parental responsibility - permanency planning - inadequacy of cultural plan
Judgment of
Judge Peter Johnstone, President of the Children's Court of New South Wales
CHILDREN - Care and Protection - children in need of care and protection - realistic possibility of restoration - allocation of parental responsibility
Judgment of
Judge Peter Johnstone, President of the Children's Court of New South Wales
CHILDREN - Care and Protection - application to vary final care orders - revised permanency planning for children in need of care and protection - competing options for placement - role of the Aboriginal and Torres Strait Islander principles in the determination of the preferable option
Judgment of
Judge Peter Johnstone, President of the Children's Court of New South Wales
CHILDREN - Care and Protection - Aboriginal child in need of care and protection - no realistic possibility of restoration to the parents - permanency planning - placement with non-Aboriginal persons - whether the circumstances specified in s 78A(4) of the Care Act must be established before an order can be made for sole parental responsibility in favour of those non-Aboriginal persons
Judgment of
Judge Peter Johnstone, President of the Children's Court of New South Wales
CHILDREN - Care and Protection - children in need of care and protection - whether there is a realistic possibility of restoration to the parents - permanency planning and contact
Judgment of
Judge Peter Johnstone, President of the Children's Court of New South Wales
CHILDREN - Care and protection - children in need of care and protection - permanency planning - realistic possibility of restoration - sufficiency of material presented to the Court for it to consider whether or not to accept the assessment of the Director-General
CHILDREN - care proceedings -Narcissistic Personality Disorder - Factitious Disorder by Proxy - Munchausen by Proxy - grandiosity - Section 90A order prohibiting mother from having contact with children until 18
CHILDREN - care proceedings - children under parental responsibility of Minister - matter referred to Care Circle - dispute over legal representation of three younger children - Legal Aid reassigned funding for the three children to the Aboriginal Legal Service - ss 5, 6, 9, 98, 99, 99A, 99B, 99C, 99D Care Act - Aboriginality
COSTS - power of Children's Court to order costs against legal practitioner - non-attendance at court for hearing - no application to re-list matter - Practice Note 5 - case management - cogent and compelling reasons - duties of legal practitioner - s 88 Care Act
CHILDREN - allocation of parental responsibility to Minister - application by father - wishes of the children - possibility of adverse consequences if father were to relapse - current long-term placement meets all the needs of the children - contact - sections 79, 82, 86 and 90 Care Act.
Children and young persons - Children and Young Persons (Care and Protection) Act 1998 (NSW) - Mother's application for leave under s 90 to pursue unsupervised contact orders of greater frequency under s 86 - whether significant change in any relevant circumstances between date of hearing and date orders last varied - application refused
CHILDREN - parental responsibility - realistic possibility - undertakings by father - criminal history of father - history of drug use by parents - child witness to violence - indications of neglect - likelihood that basic needs not being met - likely to suffer harm in the domestic environment - long-term placement with Aboriginal carer proposed - ss 9 and 79 of Care Act
CHILDREN - child in need of care and protection - no realistic possibility of restoration - permanency planning - court to determine various aspects of parental responsibility including contact and Aboriginal identity and cultural awareness
CHILDREN - intention of department to place the child with the father - application by father for parental responsiblity - application by foster carers for parental responsibility - strong attachment to carers - potential for child to suffer psychological harm if removed from carers - application to rescind orders - best interests of child - contact orders
CHILDREN - care proceedings - application for costs under s 88 - extent of Children's Court jurisdiction - exceptional circumstances - doomed to fail - gross incompetence of solicitor amounts to exceptional circumstances - s 88 does not extend to costs against non-party
CHILDREN - care proceedings - application for s 90 leave - relevance of arguable case for leave - consideration of Statement of Wishes by children - consideration of paramountcy principle in leave applications - discretion to restrict grant of leave to particular issue or issues - s 94(4) and granting of adjournments
CHILDREN - care - proceedings - realistic possibility of restoration - at the time of the hearing - parenting capacity - risk of harm - totality of the act - paramount considerations
CHILDREN - care proceedings - protection of confidentiality in ADR - clause 11 of Regulation - paramountcy principle - functions and powers of the President - powers of Children's Magistrate to review decision of Children's Registrar - jurisdiction of the Children's Court