MD and HD v Director General of the Department of Community Services [2008] NSWDC 267

New South Wales District Court

CITATION: MD and HD v Director General of the Department of Community Services [2008] NSWDC 267

HEARING DATE(S): 8-12; 22-25 September; 12 -14 November, 2008

JUDGMENT DATE: 20 November 2008

JURISDICTION: Civil

JUDGMENT OF: Knox SC DCJ

CATCHWORDS: Civil - Child care - Drug abuse by mother - Drug abuse by father - Urinalysis testing - Mother's frustration of urinalysis testing - Separation of siblings

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

Re E (a child) [2008] UK HL 66 CASES CITED: McKenzie v McKenzie [1970] 3 All ER 1034 O'Toole v Scott (1965) 65SR (NSW) 113

Marie D Helen D PARTIES: Director General of the Department of Community Services Separate Representative for the Children Paul W

FILE NUMBER(S): 67/08

Ms M Falloon Ms S Leis COUNSEL: Mr G Moore Ms K Reynolds

Ms A Findlay SOLICITORS: Ms H Muggenthaler Ms K Renshall Mr M Whelan

JUDGMENT

1 This case concerns an appeal by a mother and maternal grandmother against care orders made for the mother's four children aged 9, 8, 4 and 3. Those orders provide for the two elder children to live with the maternal uncle (the mother's brother) and for the two younger children to live with the paternal grandparents. Those arrangements have been in place since February 2007.

Applications

2 DOCS, the father of the children, and the paternal grandparents ask that those arrangements continue. Their application, which was the subject of a number of refinements and modifications during the hearing, is set out at Annexure A.