Department of Communities and Justice (DCJ) and Cara (a pseudonym) [2021] NSWChC 3

Children's Court New South Wales

Medium Neutral Citation: Department of Communities and Justice (DCJ) and Cara (a pseudonym) [2021] NSWChC 3 Hearing dates: 5 July 2021 Date of orders: 5 July 2021 Decision date: 20 July 2021 Jurisdiction: Care and protection Before: Children's Magistrate Virgo Decision: Application dismissed Catchwords: 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 Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (Care Act) Child Protection Legislation Amendment Act of 2014 Children and Young Persons (Care and Protection) Amendment Act 2006 Cases Cited: Re Josie [2004] NSWSC 642 LZ and QJ v FACS [2017] NSWDC 414 Re Hilary & Ors (2008) 9 CLN DFaCS (NSW) and Abbey [2013] NSWChC 3 George v Children's Court of New South Wales (2003) 31 Fam LR 218 Category: Principal judgment Parties: The Secretary The Mother The Father Cara, the Child Cara's Independent Legal Representative (ILR) Representation: Mr Clarke, solicitor for the Secretary Mr Cavanagh, solicitor for the Mother Mr Attia, solicitor for the Father Ms Hall, solicitor, as ILR for the child File Number(s): 2021/00073002 Publication restriction: A pseudonym has been used and other non-identifying expressions have been adopted in this decision in accordance with section 105, of the Care Act