KL v Department of Community Services (NSW) [2008] NSWDC 96

New South Wales District Court

CITATION: KL v Department of Community Services (NSW) [2008] NSWDC 96

HEARING DATE(S): 23 January 2008

JUDGMENT DATE: 23 January 2008

EX TEMPORE JUDGMENT DATE : 23 January 2008

JUDGMENT OF: Johnstone DCJ at 1

DECISION: Conditional upon Shine for Kids providing its consent as to supervision, order that the mother have fortnightly contact with her infant child of not less than two hours.

CATCHWORDS: CARE and PROTECTION of CHILDREN - infant child taken into care when her mother, a foreign national, was taken into custody at Sydney airport for for illegally attempting to import a large amount of pure heroin and was subsequently imprisoned - the Department proposed that the child only have four contact visits a year with her natural mother whilst in prison - the Children's Court ordered monthly contact - the mother appealed to the District Court - consideration of expert evidence as to the safety, welfare and well being of the child - discussion of the child's emotional needs, the retention of her relationships with her natural mother and the preservation of her name, identity, language, cultural and religious ties - finding that the best interests of the child will be served by every available opportunity to have contact with her natural mother that can be achieved, weekly and also for longer than two hours if possible

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

KL (a mother) - Appellant PARTIES: KR (her infant child) Department of Communiity Services (NSW) - Respondent

FILE NUMBER(S): 556/07

Mr R McLachlan for the mother COUNSEL: Mr G Moore for the Department Mr S Gardiner for the infant child