Re Dakota [2024] NSWSC 1333

Supreme Court New South Wales

Medium Neutral Citation: Re Dakota [2024] NSWSC 1333 Hearing dates: 16 October 2024 Date of orders: 17 October 2024 Decision date: 17 October 2024 Jurisdiction: Equity - Duty List Before: Pike J Decision: Summons dismissed Catchwords: CHILD WELFARE – parens patriae jurisdiction – where mother of child in foster care seeking injunction against Minister removing the child from the State of New South Wales – where mother's application in the Children's Court for recovery of the child is pending – whether in the best interests of the child Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) ss 9A and 10A Cases Cited: Re Victoria (2002) 29 Fam LR 157 The Secretary of the Department of Communities and Justice (DCJ) and Fiona Farmer [2019] NSWChC 5 Texts Cited: Nil Category: Principal judgment Parties: NB (Plaintiff) Secretary, New South Wales Department of Communities and Justice (First Defendant) Minister for Families, Communities and Disability Services (Second Defendant) The Child (Third Defendant) Representation: Counsel: K Shea (Plaintiff) R Turnbull (First and Second Defendants) B Dean (Third Defendant)

Solicitors: P Beaumont (Plaintiff) Crown Solicitors (First and Second Defendants) James McCaffrey & Associates (Third Defendant) File Number(s): 2024/00380358 Publication restriction: On 16 October 2024, the Court made orders prohibiting the publication or disclosure of information that would identify, or tend to identify, the identity of the young person in these proceedings (known as "Dakota").