Re Nellie [2004] NSWLC 8

Local Court of New South Wales

CITATION: Re Nellie [2004] NSWLC 8 JURISDICTION: Children's Court PARTIES: Director General of Department of Community Services; Re Nellie FILE NUMBER: PLACE OF HEARING: St James DATE OF DECISION: 04/30/2004 MAGISTRATE: Magistrate A Marsden CATCHWORDS: Shaken Baby Syndrome - Assessment of risk of further injury - Restoration plan LEGISLATION CITED: Children and Young Persons (Care and Protection) Act 1998 CASES CITED: Briginshaw v Briginshaw (1938) 60 CLR 336 T v H and Ors, (Supreme Court, 19 December 1985) REPRESENTATION: ORDERS:

These proceedings are brought under the Children and Young Persons (Care and Protection) Act 1998 (the Act). They are placement proceedings in respect of the child "Nellie" born [ ] October 2001. ….

The proceedings were commenced by the Director General of the Department of Community Services (the Department) on 14 April 2003 pursuant to section 44 of the Act.

On 17 June 2003 the case was established on the ground that Nellie had been or was likely to be abused or ill treated, section 71(1)(c) of the Act.

On 12 August 2003 the Department filed a care plan recommending restoration of Nellie to her parents. On 18 November 2003 the Department filed an amended care plan recommending the allocation of parental responsibility of Nellie to the Minister until the age of 18 years and that she not be restored to her parents care. The parents seek restoration of Nellie to their care.

Placement hearings took place before me on 26 and 29 March 2004 and 1st and 2nd April 2004.

Background

Nellie was born in China on 10 October 2001. Her parents are Mr L and Mrs L.

Mr L emigrated from China in 1990 and is an Australian citizen. In 1997 on a return visit to China he met his current wife. On 20 August 2000, in China, Mrs L gave birth to their first child W. In January 2001 Mrs L became pregnant with Nellie.