Director General Department of Community Services & Anor v AA & 6 Ors [2010] NSWDC 19

New South Wales District Court

CITATION: Director General Department of Community Services & Anor v AA & 6 Ors [2010] NSWDC 19 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 22, 23 and 24 February 2010

JUDGMENT DATE: 26 February 2010

JURISDICTION: Civil (Gosford)

JUDGMENT OF: Levy SC DCJ

1. Each of the three appeals are allowed in part with some variation of the orders of the Children's Court made on 18 June 2009; DECISION: 2. The exhibits are to be returned; 3. Liberty to apply on 7 days notice if further orders are required; 4. The parties are directed to within 7 days bring short minutes that reflect my findings and proposed orders.

CATCHWORDS: CHILDREN AND YOUNG PERSONS – orders and notations made by Children's Court allowing for maternal and sibling contact in respect of an infant child placed into long term foster care – considerations concerning competency of the mother's appeal – considerations in the case for variations on appeal of previous orders made by Children's Court – interests of children to be paramount – Children and Young Persons (Care and Protection) Act 1998

LEGISLATION CITED: Children and Young Persons (Care and Protection) Act 1998

Container Terminals Australia Ltd v Huseyin [2008] NSWCA 320 CASES CITED: Department of Community Services v SM & MM [2008] NSWDC 68 S v Department of Community Services [2002] NSWCA 151

Director General of the Department of Community Services (Appellant in the first appeal, respondent in the second and third appeals) Minister of Community Services (Respondent in all three appeals) AA, a child in foster care (Respondent in all three appeals) BB, the natural mother of AA, CC and DD (Appellant in the second appeal, respondent in the first and third appeals) PARTIES: CC, a child in care, a sibling of AA and DD (Appellant in the third appeal, respondent in the first and second appeals) DD, a child in care, a sibling of AA and CC (Appellant in the third appeal, respondent in the first and second appeals) EE, paternal grandmother of AA, CC and DD (Respondent in all three appeals) FF, paternal grandfather of CC, DD and putative grandfather of AA (Respondent in all three appeals) GG, father of CC, DD and putative father of AA (Respondent in all three appeals)