Re Jillian and Jacinta [2008] NSWLC 23

Local Court of New South Wales

CITATION: Re Jillian and Jacinta [2008] NSWLC 23

JURISDICTION: Children's Court

PARTIES: Director General of Department of Community Services; Re Jillian and Jacinta

FILE NUMBER:

PLACE OF HEARING: Parramatta

DATE OF DECISION: 07/01/2008

MAGISTRATE: Magistrate C O'Brien

CATCHWORDS: Restoration a realistic possibility - permanency planning

LEGISLATION CITED: Children and Young Person's Care and Protection Act 1998

CASES CITED:

TEXTS CITED:

REPRESENTATION:

ORDERS:

Introduction

1 On 16 January 2008 Heather Redman the delegate of the Director General of the Department of Community Services (DoCS) commenced care proceedings in this court in respect of the two children Jillian A and Josephina B born [ 2005] and [ 2006] respectively. The mother of both of these girls is Ms A. Jillian's father was not indicated to the court and the father of Jacinta is Mr B. On 6 February 2008 an order was made by consent and without admission finding that the children were in need of care and protection, thus establishing the court's power to further deal with the matter.

2 The Director General initially sought an order that parental responsibility be allocated to the Minister until each of the children respectively attained the age of eighteen years. At the hearing before me, which took place over 24, 25 and 26 June 2008 DoCS sought an order that parental responsibility be allocated to the maternal grandparents, Mr and Mrs RA in all respects save for contact. In relation to contact, DoCS sought an order that parental responsibility be shared between it and the maternal grandparents for a period of two years. The mother sought that the children be restored to her care. The father supported that contention and in the alternative sought that the children be restored to him.