Ms ZM v Department of Human Services (DoHS); Ms HC and Mr PC; Mr NC [2010] NSWDC 228

New South Wales District Court

CITATION: Ms ZM v Department of Human Services (DoHS); Ms HC and Mr PC; Mr NC [2010] NSWDC 228

HEARING DATE(S): 28 - 30 September 2010; 1 October 2010.

JUDGMENT DATE: 7 October 2010

JURISDICTION: Civil

JUDGMENT OF: Knox SC DCJ

1. I allow the appeal in part. 2. I vest parental responsibility for SMC with Mr PC and Mrs HC while SMC is a child. Contact Conditions of contact 3. That provided the mother participate in counselling in accordance with sub-paragraphs D and F of the immediately preceding paragraph of these orders, providing the releases referred to in sub-paragraphs E and F that she have contact with SMC: (a) for three hours for a period of 3 months commencing 8 October 2010 every third Saturday and Sunday in Narooma and to remain in the Narooma township area during that period and for three hours on Christmas Day by agreement or unless agreed between 2 pm and 5 pm; (b) for five hours for a further period of 3 months commencing 8 January 2011, every third Saturday and Sunday in Narooma; (c) That after six months commencing 8 March 2011, for two days every second weekend as well as i. Three hours on mothers day; ii. The full day on the mother's birthday; and iii. Three hours on SMC's birthday (d) That after twelve months for a full weekend every second weekend as well as; i. Three hours on mothers day; ii. The full day on the mother's birthday; iii. Three hours on SMC's birthday; and DECISION: Iv. For three hours every Christmas Day by agreement or unless agreed between 2 pm and 5 pm; (e) After 2 years, commencing 8 March 2014, every second weekend and half of each NSW Education Department school holiday period as well as. i. Three hours on mothers day; ii. The full day on the mother's birthday; iii. Three hours on SMC's birthday; and iv. For three hours every Christmas Day by agreement or unless agreed between 2 pm and 5 pm; 4. That the mother be permitted to telephone SMC once weekly at fixed or pre-arranged times provided the mother meet the cost of those calls and that the calls do not extend for longer than 15 minutes and such additional alternate days or times as may be agreed between Ms ZM and Mr PC and Mrs HC. 5. That Ms Helena Martin, registered psychologist, be provided with a copy of these reasons by DoHS within seven days. 6. That the mother not physically chastise nor physically discipline the child while she is with her nor permit anyone else to do so. 7. That the mother and Mr PC and Mrs HC discuss any issues arising out of that contact and any other issues with Ms Mildwater in February 2011. 8. That whenever Ms ZM has contact with SMC in accordance with these orders, SMC is to remain in her full-time care and responsibility; further that no other person should be brought into contact with SMC other than with the prior agreement of Mr PC and Mrs HC. 9. When SMC concludes the first year of her high school, that Mr PC and Mrs HC, Mr NC, Ms ZM, together with any spouse or partner either of them may have at that time for the preceding twelve month period, attend with a registered psychologist to discuss: i. The future parenting of SMC; ii. The future schooling of SMC; iii. The future contact between SMC and any other significant adult figures in her life. 10. That prior to such conference the parties or any of them release to the other details of any medical or psychological issues which might affect their capacity to either parent or have contact with SMC. 11. That the parties discuss what information should be released to SMC at the conclusion of that conference.