Department of Communities and Justice (DCJ) and Bloom [2021] NSWChC 2

Children's Court New South Wales

Medium Neutral Citation: Department of Communities and Justice (DCJ) and Bloom [2021] NSWChC 2 Hearing dates: 10, 11, 12, 13 and 14 August 2020 at Lismore; 18, 19, 20 and 21 August 2020 at Ballina; and 30 November 2020, 1, 2, 3 and 4 December 2020 at Ballina Date of orders: 05 March 2021 Decision date: 05 March 2021 Jurisdiction: Care and protection Before: Judge Peter Johnstone, President of the Children's Court of NSW Decision: The father's application under s 90 of the Care Act is dismissed. The Secretary's application under s 90 is allowed. Previous Care orders rescinded. Finding of no realistic possibility of restoration of the child to either parent. Finding that the Permanency Planning for the child is appropriate and adequate. Final Care orders allocating parental responsibility for the child to the Minister. Catchwords: CHILDREN - Care and Protection - application for rescission of previous Care orders - no realistic possibility of restoration - permanency planning Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 Children's Court Act 1987 Uniform Civil Procedure Rules 2005 (UCPR) Cases Cited: Briginshaw v Briginshaw [1938] HCA 34 Department of Human Services & K Siblings [2013] VChC 1 DFaCS re Day [2012] NSWChC 14 DFaCS Re Nicole [2018] NSWChC 3 Director General of Department of Community Services; Re "Sophie" [2008] NSWCA 250 In the matter of Campbell [2011] NSWSC 761 Johnson v Page [2007] Fam CA 1235 M v M [1988] HCA 68 Nu v NSW Secretary of Family and Community Services [2017] NSWCA 221 Rathswohl v Court [2020] NSWSC 1490 Re Alistair [2006] NSWSC 411 Re Henry; JL v Secretary Department of Family and Community Services [2015] NSWCA 89 Re Jayden [2007] NSWCCA 35 Re Mary [2014] NSWChC 7 Re Saunders and Morgan [2008] CLN Re Tanya [2016} NSWSC 794 Re Timothy [2010] NSWSC 524 Sudath v Health Care Commission [2012] NSWCA 171 The Secretary of the Department of Community and Justice (DCJ) and Fiona Farmer [2019] NSWChC 5 VV v District Court of New South Wales [2013] NSWCA 469 Texts Cited: Report of the Special Commission of Inquiry into Child Protection Services in NSW, November 2008 Category: Principal judgment Parties: The Secretary The mother The father The paternal grandmother The child Representation: Mr G Moore of counsel for the Secretary, instructed by Ms A Prior, solicitor from the Crown Solicitor's Office Ms Fawaz, solicitor, for the mother The father, a self-represented litigant in person Mr Boys, solicitor, for the paternal grandmother Ms Z De Re, solicitor for the child as her Independent Legal Representative File Number(s): 2017/201543 Publication restriction: Pseudonyms have been used to protect the identity of the child and family.