SM v Director-General of the Department of Human Services & SG [2010] NSWDC 250

New South Wales District Court

CITATION: SM v Director-General of the Department of Human Services & SG [2010] NSWDC 250

HEARING DATE(S): 16/06/2010 & 18/06/2010

JUDGMENT DATE: 1 July 2010

JURISDICTION: Civil

JUDGMENT OF: Truss DCJ

The Court orders that: 1. The appeals are dismissed. 2. The orders of the Children's Court at Woy Woy made on 22 August 2008 are confirmed. 3. Pursuant to s 86 of the Children and Young Persons (Care and Protection) Act 1998 ("the Act"), C and K are to each have the following minimum contact with family members: 3.1 The mother's contact will be five times a year, for a period of three hours, to be supervised by a delegate of the Director-General or, a person approved by the Director-General. 3.2 The mother's partner, SB, and the maternal grandmother, JM, shall be at liberty to attend such contact. 3.3 The mother shall have four occasions of telephone contact with the children in each year. 3.4 The father's contact will be five times a year, for a period of three hours, to be supervised by a delegate of the Director-General or, a person approved by the Director-General. DECISION: 3.5 The father's partner, DD, and the children's half-siblings shall be at liberty to attend such contact. 3.6 The father shall have four occasions of telephone contact with the children in each year. 3.7 The contact referred to in 3.1 and 3.4 shall occur, as far as practicable, during the NSW school holidays, or as otherwise arranged. 3.8 These orders for contact are to commence from the date of this order and are to be reviewed twelve months from the date of this order. 3.9 Contact will be subject to the respective child's wishes upon each attaining the age of 12 years. 4. Pursuant to s 82 of the Act, the Court orders a report to the Children's Court at Woy Woy at six months from the date of making of these orders. That report is to address the following: (a) the progress of C in counselling and schooling; and (b) contact arrangements for C and K. The Court notes that with the prior approval of a delegate of the Director-General, maternal and paternal extended family members of C and K may attend contact as set out in 3.1 and 3.4 respectively.