Department of Communities and Justice (DCJ) and May, June and Roy [2023] NSWChC 15

Children's Court New South Wales

Medium Neutral Citation: Department of Communities and Justice (DCJ) and May, June and Roy [2023] NSWChC 15 Hearing dates: 30 August, 13 September, 3 October 2023 Date of orders: 1 December 2023 Decision date: 01 December 2023 Jurisdiction: Care and protection Before: Children's Magistrate Hayes Decision: Guardianship order made Catchwords: 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' Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) Children and Young Persons (Care and Protection) Regulations 2022 (NSW) Children's Court Rule 2000 (NSW) Cases Cited: Briginshaw v Briginshaw [1938] HCA 34 Brett v Children's Court of NSW [2006] NSWSC 984 Department of Communities and Justice (DCJ) and Bloom [2021] NSWChC 2. Department of Communities and Justice (DCJ) and Evie and Grace [2023] NSWChC 1 Isles & Nelissen [2022] FedCFamC1A 97 (1 July 2022) M v M [1988] HCA 68 Re Edward [2001] NSWSC 284 Re: Elizabeth [2011] NSWDC 245 Re Henry; JL v Secretary, Department of Family and Community Services [2015] NSWCA 89 Re Louise and Belinda [2009] NSWSC 534 "V V" v District Court of New South Wales [2013] NSWCA 469 Category: Principal judgment Parties: May, June and Roy (the Children) The Mother The Father The Secretary, Department of Communities and Justice Representation: Solicitors/Counsel: Mr Higgins (Secretary) Ms Connor (Mother) Ms Ng (Father) Ms Turgut (Independent Legal Representative for the child) File Number(s): 2019/317643 Publication restriction: Pseudonyms have been used to protect the identity of the children and family members.