Director-General, Department of Community Services; Re Sophie [2008] NSWSC 1269

New South Wales Supreme Court

CITATION : Director-General, Department of Community Services; Re Sophie [2008] NSWSC 1269

HEARING DATE(S) : 4 November 2008 JURISDICTION : Equity Division Duty List

JUDGMENT OF : Brereton J

EX TEMPORE JUDGMENT DATE : 4 November 2008

DECISION : Mother ordered to return child to Australia within seven days.

CATCHWORDS : CHILDREN – INJUNCTIONS – extra-territoriality – parens patriae jurisdiction – where Minister has parental responsibility for child – where father ordered by Children's Court not to have contact with child due to unacceptable risk of sexual abuse – where mother and daughter have left Australia to visit extended family in Japan but have not returned within the time indicated by mother – where father has left Australia for China in contravention of arrangements made when mother and child left for Japan – whether child should be returned to Australia – relevant considerations

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

CATEGORY : Principal judgment

CASES CITED : Director General of Community Services; Re Sophie [2008] NSWCA 250 Director-General, Department of Community Services; Re Sophie [2008] NSWSC 1239

TEXTS CITED : TREATIES: Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children [2003] ATS 19

PARTIES : Director-General, Department of Community Services (plaintiff) Names of defendants suppressed

FILE NUMBER(S) : SC 5419/08

Mr M J Niel RFD QC w Mr A J Allen (plaintiff) COUNSEL : Mr P J Castley (first defendant) Ms K M Reynolds (second defendant) Ms M Castle (third defendant)