Department of Communities and Justice (DCJ) and Margaret and Richard [2024] NSWChC 7

Children's Court New South Wales

Medium Neutral Citation: Department of Communities and Justice (DCJ) and Margaret and Richard [2024] NSWChC 7 Hearing dates: 4, 5 and 28 September 2023, and 9 and 10 October 2023 Date of orders: 06 May 2024 Decision date: 06 May 2024 Jurisdiction: Care and protection Before: Judge Skinner, President of the Children's Court of NSW Decision: Permanency planning has been appropriately and adequately addressed. Final orders at [67]-[69]. Catchwords: CHILDREN – Care and protection – Allocation of parental responsibility – Permanency planning – Section 90A – Special circumstances Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) Crimes Act 1900 (NSW) Category: Principal judgment Parties: Margaret (The young person) Richard (The young person) The Secretary, Department of Communities and Justice The Mother The Father Representation: Counsel: Mr Anderson (The Secretary)

Solicitors: Ms Olivier (The Secretary) Ms Lam (The Mother) Ms Ng (Direct Legal Representative for Margaret) Ms Leis (Independent Legal Representative for Richard) File Number(s): 2022/00166115 Publication restriction: Pseudonyms have been used to protect the identity of the children and family members.

JUDGMENT 1. This is a decision about the allocation of parental responsibility and permanency planning with respect to two of four children. 2. On 10 October 2023, the Court made final orders with respect to the two older children, Catherine Beech and Alex Beech, allocating parental responsibility between their Mother, Ms Beech, and the Minister. This decision relates to the allocation of parental responsibility for the two younger children, Margaret Beech and Richard Beech, with consideration as to whether the care plans appropriately and adequately address permanency planning. The Secretary proposes that the Mother be allocated all aspects of parental responsibility, but for health, residence and contact, which are to be allocated to the Minister for periods of time before being allocated to the Mother. 3. On 10 October 2023, the Court determined there was no realistic possibility of the restoration of the four children to the care of their Father, Mr Beech, within a reasonable period. There has been no relevant change to the circumstances of the children or the Father since that determination. 4. The Father does not agree with the finding that there is no realistic possibility of the children to his care. He will not agree to any final orders that allocate any aspects of parental responsibility to the Minister, and accordingly, does not agree that permanency planning has been appropriately and adequately addressed. 5. The matter was adjourned for a significant period to enable the Department to review the necessary supports to accompany Richard's NDIS plan prior to filing a care plan. This delay provided an opportunity to observe contact between the Father and the children to assess the most suitable final orders regarding contact. 6. The parties were given directions to file submissions regarding the proposed final orders. The Father is not represented but is literate and numerate and capable of expressing his position. He has not filed any submissions. His position has been fixed throughout the proceedings and I assume he maintains his opposition to Ministerial and Departmental intervention in the lives of his children. 7. All other parties agree with the Secretary's proposal to allocate all aspects of parental responsibility for both children to their Mother, but for health, residence and contact. Parental responsibility for contact is sought to be allocated to the Minister until each child turns 18. Parental responsibility for health is sought to be allocated to the Minister for twelve months for Margaret. The Department seeks that parental responsibility for residence and health is allocated to the Minister for 24 months for Richard, but the Mother asks the Court to find special circumstances and allocate parental responsibility for residence to the Minister for 36 months for Richard. 8. The proposed orders have arisen due to strong communication and collaboration between all parties but the Father about the safety, welfare and well-being of the children. The only remaining dispute relates to the duration of the allocation of parental responsibility to the Minister with respect to Richard's residence.