Department of Communities and Justice (DCJ) and Harry [2023] NSWChC 5

Children's Court New South Wales

Medium Neutral Citation: Department of Communities and Justice (DCJ) and Harry [2023] NSWChC 5 Hearing dates: 9, 10, 13, 16 and 17 March 2023 Date of orders: 17 March 2023 Decision date: 17 March 2023 Jurisdiction: Care and protection Before: Judge Ellen Skinner, President of the Children's Court Decision: Interim contact order to facilitate overnight supervised contact between parents and child. Catchwords: CHILDREN – Care and Protection – unexplained injuries – assessment of risk – interim contact order Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) Cases Cited: Department of Communities and Justice (DCJ) and Evie and Grace [2023] NSWChC 1 Category: Principal judgment Parties: Secretary (Department of Communities and Justice) Harry (Young person) The Mother The Father Representation: Counsel: Mr Illkovski (Secretary)

Solicitors: Ms Willoughby (Independent Legal Representative) Mr Nott (Mother and Father) File Number(s): 2022/265690 Publication restriction: Pseudonyms have been used for the children, family members, carers and medical professionals.

JUDGMENT 1. The court must decide whether to make an interim care order enabling overnight contact between Harry and his Mother and Father.

Summary 1. Harry was born on 8 March 2022. During the night of 21 August 2022, the Father was settling Harry when Harry stiffened then went floppy. The Mother called 000 and an ambulance attended and conveyed Harry to hospital where examinations revealed Harry had sustained bilateral multi-layer retinal haemorrhages and a subdural haematoma. These injuries are consistent with injuries sustained by infants who have been shaken. 2. Harry was removed on 1 September 2022 and placed with his paternal grandmother and paternal aunt in a three-bedroom home. A summary of proposed plan filed on 21 September 2022 indicated that the Department of Communities and Justice were of the view that there was a realistic possibility of restoration to the Mother and Father. The parents disputed that Harry was a child in need of care and protection and the proceedings were listed for an establishment hearing commencing on 9 March 2023.