Department of Communities and Justice (DCJ) and the Dixon Children [2024] NSWChC 8

Children's Court New South Wales

Medium Neutral Citation: Department of Communities and Justice (DCJ) and the Dixon Children [2024] NSWChC 8 Decision date: 05 June 2024 Jurisdiction: Care and protection Before: Children's Magistrate Hayes Decision: The Children's Court must not make a final order for the removal of a child from the care and protection of his or her parents, or for the allocation of parental responsibility in respect of the child unless it has considered a care plan: see s 80. A new care plan is required for each of the children subject to further discussion on 6 June 2024 at Surry Hills CC. Catchwords: CHILDREN — CARE — Unacceptable risk of harm Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) Cases Cited: Briginshaw v Briginshaw [1938] HCA 34 Department of Communities and Justice (DCJ) and Bloom [2021] NSWChC 2 Bell-Collins Children v Secretary, Department of Family and Community Services (No 2) [2016] NSWSC 853 Department of Communities and Justice (DCJ) and Evie and Grace [2023] NSWChC 1 M. v M. [1988] HCA 68 T v H & Ors [1985] NSWSC Category: Principal judgment Parties: Secretary, Department of Communities and Justice Demi Dixon (mother) Russell Dixon (father) Representation: Solicitors/Counsel: Ms Lambert (Secretary) Ms Neligan (Mother) Ms McDonnell (Father) Mr Fitzgerald (Bruce Dixon and Amelia Dixon) Mr Pigott (Independent Legal Representative for the children) File Number(s): 2021/00250121 Publication restriction: Pseudonyms have been used to protect the identity of the child and family.