R.C. and P.K. v The Secretary, Department of Communities and Justice [2024] NSWDC 196

District Court New South Wales

Medium Neutral Citation: R.C. and P.K. v The Secretary, Department of Communities and Justice [2024] NSWDC 196 Hearing dates: 4-5 April 2022, 3 June 2022, 19 September 2022, 6 April 2023, 5 July 2023, 5-6 September 2023, 8 September 2023, 4-14 March 2024, 22 March 2024, 30 April 2024 Date of orders: 3 June 2024 Decision date: 03 June 2024 Jurisdiction: Civil Before: Strathdee DCJ Decision: (1) Orders made by Children's Court on 12 July 2021 as regards ALK are confirmed. (2) Orders made by Children's Court on 26 May 2023 as regards JK and AYK are confirmed. (3) The parents' appeals are dismissed. Catchwords: CHILD CARE APPEAL – care and protection of children – care and protection orders – appeal from Children's Court to District Court – whether the need for care and protection of the child has been established – general principles applicable – alleged sexual assault of children by mother – alleged mental health issues – lack of insight Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 M v M [1988] HCA 68 NU v NSW Secretary of Family and Community Services [2017] NSWCA 221 R.C. and P.K. v The Secretary, Department of Communities and Justice [2024] NSWDC 85 Secretary, Department of Communities and Justice and Farmer [2019] NSWChC 5 Category: Principal judgment Parties: R.C. and P.K. (Appellants/Plaintiffs) The Secretary, Department of Communities and Justice (Respondent/Defendant) Representation: Counsel: Mr P Braine (Appellants/Plaintiffs) Mr B Dean (Respondent/Defendant)