Department of Communities and Justice (DCJ) and the Yarran Taylor Children [2024] NSWChC 3

Children's Court New South Wales

Medium Neutral Citation: Department of Communities and Justice (DCJ) and the Yarran Taylor Children [2024] NSWChC 3 Hearing dates: 4 and 31 July, 1 and 8 August, 26 and 27 September, 4, 20 and 23 October, 21 and 28 November 2023. 19, 29 and 30 January 2024. Decision date: 03 April 2024 Jurisdiction: Care and protection Before: Children's Magistrate Ford Decision: (1) A finding that there is a realistic possibility of restoration of the children to the mother and the father jointly. (2) A finding pursuant to section 79(10) that special circumstances exist. (3) A finding that permanency planning is not appropriately and adequately addressed. (4) I direct the secretary to file and serve a care plan and a Minute of Care order, consistent with this decision, and in accordance with Annexure "A" in the ILR submissions by 2 May 2024. (5) I request this written decision is brought to the attention of the Executive District Director for Northern Region and the Secretary Mr Michael Tidball. (6) I request the Executive District Director for Northern Region and the Secretary Mr Michael Tidball be asked to consider my request that Secretary retain case management. Catchwords: CHILD WELFARE — Care proceedings — Care order — Variation of care order — Realistic possibility of restoration — Section 79(10) special circumstances — Permanency planning not adequately addressed — Minute of Care order — Request that the decision is brought to the attention of Executive District Director — Request that the decision is brought to the attention of the Secretary Legislation Cited: Children and Young Persons (Care & Protection) Act 1998 (NSW) The Children and Young Persons (Care and Protection) Amendment (Family is Culture) Act 2022 (NSW) Cases Cited: Department of Communities and Justice (DCJ) and Janet and Xing-fu [2022] NSWChC 7 Department of Communities and Justice (DCJ) and Bloom [2021] NSWChC 2 M v M [1988] HCA 68 Isles & Nelissen [2022] FedCFamC1A 97 Secretary of the Department of Communities and Justice and Fiona Farmer [2019] NSWChC 5 Texts Cited: Family is Culture Review Report 2019 Model Litigant Policy for Civil Litigation (adopted 26 June 2016) Category: Principal judgment Parties: Secretary, Department of Communities and Justice Lois Yarran (Mother) Neville Taylor (Father) Representation: Mr Z for the Secretary on 4 July 2023 Ms Y as ILR on 4 July 2023 Mr Reid for the Secretary from 31 July onwards Ms Goodacre as ILR from 31 July onwards Ms De Re for the father Ms Bennett for the mother File Number(s): 2022/00125813 Publication restriction: Pseudonyms have been used to protect the identity of the children, family members and legal representatives.