Re Anthony [2008] NSWLC 21

Local Court of New South Wales

CITATION: Re Anthony [2008] NSWLC 21

JURISDICTION: Children's Court

PARTIES: Director General of Department of Community Services; Re Anthony

FILE NUMBER:

PLACE OF HEARING: Parramatta

DATE OF DECISION: 10/03/2008

MAGISTRATE: Senior Children's Magistrate S Mitchell

CATCHWORDS:

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

Briginshaw v Briginshaw [1938] 60 CLR 336 M v M [1988] HCA 68 B v B [1988] HCA 66 CASES CITED: A v A [1976] VR 289 The Marriage of M [1987] 11 Fam. LR 765 B v B (Access) [1986] FLC 91-758 Leveque v Leveque [1983] 54 CLR 164 re G (a minor) [1987] 1 WLR 1461

TEXTS CITED:

REPRESENTATION:

ORDERS:

1. These are care proceedings commenced on 11 December, 2007 by the Director- General of the Department of Community Services for whom Ms. Ward of Counsel instructed by the Crown Solicitor appeared. The proceedings relate to 'Anthony' who was born on [ ] 2007. Anthony, in whose interests Mr. Malos appeared, is the son of 'Mr L' and his wife Ms K' for whom Mr. McLachlan appeared. Mr L has another child, 'Lachlan' who was born on [ ] 2001. Lachlan lives with his mother, 'Ms M' the father's former wife, and visits his father and Ms. K from Friday after noon until Sunday afternoon each weekend. Anthony is Ms. K's first child.

2. The Director-General seeks orders that, for a period of five years, Anthony be in the parental responsibility of his paternal grandparents Mr and Mrs WL but that such parental responsibility, in so far as it relates to major medical decisions, be shared with the Minister and, as to religion and education, with the parents. After the expiry of five years, the Director-General proposes that the Minister step away from parental responsibility but that, otherwise, the arrangements go forward until Anthony shall have attained the age of eighteen years. So far as contact is concerned, the Director-General seeks orders that Anthony have contact to his parents for not less than two hours per week together with such additional contact as may be agreed by the paternal grandparents and the parents and that, for a period of five years, the contact be supervised by one or other or both the paternal grandparents or such other person or persons as they nominate. It is understood by all concerned, including the Director-General, that Anthony's contact with his parents is likely to be much, much more extensive than two hours per week and that the parents and the paternal grandparents are likely to agree on perhaps even daily contact. It is further understood that Anthony will have very liberal contact with his maternal grandmother in whose care he is presently residing. I was told that there is a very good relationship between the grandparents that they will be well able to arrange the child's contact with his maternal grandmother which it is agreed is in his interests.