NSW Caselaw
Local Court of New South Wales
CITATION: Re Ashley [2008] NSWLC 22
JURISDICTION: Children's Court
PARTIES: Director General of Department of Community Services; Re Ashley
FILE NUMBER:
PLACE OF HEARING: Parramatta
DATE OF DECISION: 05/23/2008
MAGISTRATE: Senior Children's Magistrate S Mitchell
CATCHWORDS: Final care order - permanency planning
LEGISLATION CITED: Children and Young Persons (Care and Protection) Act 1998
S. v S and Ors (2002) UKHL 10 Re Rhett (2008) CLN 1 CASES CITED: CW & SW and the London Borough of Enfield (2007) EWCA 402 Re J. (1994) 1 FLR 253 C. v Solihull Metropolitan Borough Council (1993) 1 FLR 290
TEXTS CITED:
REPRESENTATION:
ORDERS:
These are care proceedings commenced by the Director-General of the Department of Community Services on 31 August, 2007. They relate to Ashley who was born on 3 July 1994. Ashley is the son of Denise L. who lives in Victoria and Robert T. who lives in western Sydney Mr. T. is disengaged from his son and from these proceedings and Ms. L., who maintains contact with her son, acknowledges that she is unable to care for him. Neither parent is able to point to any family member able to provide a home for Ashley and, pending further order, he is in the parental responsibility of the Minister pursuant to an order of the Children's Court made on 31 August, 2007. A finding of need of care and protection was made on 3 September, 2007 and it is common ground that there is no realistic possibility of restoration of Ashley to either parent.
The matter came on for final hearing on 12 March, 2008 when Ms. Renshall appeared for the Director-General and Mr. Guterres of LegalAidNSW appeared for Ashley as his direct legal representative. The Director-General seeks a final care order that Ashley be in the parental responsibility of the Minister until he shall have attained the age of 18 years and Mr. Guterres asks that no final order be made at this time and that the matter be further adjourned to enable the Director-General to further address the issue of permanency placement.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate