JB & MB v The Department of Human Services [2010] NSWDC 91

New South Wales District Court

CITATION: JB & MB v The Department of Human Services [2010] NSWDC 91

3-5 May HEARING DATE(S): 7 May 10-11 May

JUDGMENT DATE: 12 May 2010

JURISDICTION: District Court - Civil

JUDGMENT OF: Knox SC DCJ

ORDERS: I grant leave to the parents and Mr. Neil B to bring this application pursuant to section 90 of the Children and Young Persons Care and Protection Act (1998) ("the Act"). The appeal commenced by the parents, Ms. MB and Mr. JB, on 8 January 2010 be allowed. The orders of the Children's Court at Orange of 8 June 2007 and 21 December 2009 are rescinded pursuant to section 90 (1) of the Act Joint parental responsibility for BB be shared by Ms. MB, Mr. JB and Neil B pursuant to section 79 (1)(a)(ii) of the Act. DECISION: The specific aspects of parental responsibility which Mr. Neil B is to supervise include those specified in section 79(2) paragraphs (a), (c), (d) and (e) of the Act. BB shall be placed under the supervision of the Director-General for a period of 12 months from the date of the Orders, pursuant to section 76 of the Act. Pursuant to section 73(1) of the Act, I accept the signed undertakings of Ms. MB, Mr. JB and Neil B annexed hereto and marked "A". Orders made in accordance with those undertakings are to remain in force until BB attains the age of 18 years. Pursuant to section 74(1) of the Act, I order that the Orange Family Support Services, in accordance with the undertakings given, provide such support for BB, Ms. MB, Mr. JB and Neil B as the Orange Family Support Services deems necessary for a period of 12 months from the date of these Orders. Neither the parents or either of them shall contact, or come on the property of, Ms DF, unless that is arranged through DoHS officers at the Orange office of DoHS. These orders are to come into effect on 14 May, 2010 after consultation between the parties, the independent child's representative, Ms Dalton, and Ms Crago. Leave is granted for Ms Fuller, solicitor, to provide a copy of these orders and reasons and undertakings to the Orange Family Support Service and any other institution providing full-time care or assistance for BB.