Re Alison [2022] NSWChC 8

Children's Court New South Wales

Medium Neutral Citation: Re Alison [2022] NSWChC 8 Hearing dates: 14 February, 25 March 2022 Date of orders: 25 March 2022 Decision date: 25 March 2022 Jurisdiction: Care and protection Before: Children's Magistrate Crompton Decision: Applications by mother dismissed Catchwords: 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 Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) Cases Cited: Re Helen [2004] NSWLC 7 Category: Principal judgment Parties: The Secretary, Department of Communities and Justice Rochelle Smith (the Mother) Jonathan Murray (the Father) Alison (the child) Representation: Ms Hall (for Alison) Ms Meehan (for the Father) Mr Manning (for the Mother) Ms Eveston (for Department of Communities and Justice) File Number(s): 2017/00207640 Publication restriction: Pseudonyms have been used for the children, family members, carers and medical professionals.

JUDGMENT

Background 1. Final orders were made in respect of Alison on 11 October 2017, granting parental responsibility to the Minister. 2. The mother of the child is Rochelle Smith. 3. The father of the child is Jonathan Murray. 4. Each of the parents are seeking orders under s 90 of the Children and Young Persons (Care and Protection) Act 1998 (NSW) (the 'Care Act') to rescind the previous care orders of 11 October 2017.