Director-General, Department of Community Services; Re Sophie [2008] NSWSC 1239

New South Wales Supreme Court

CITATION : Director-General, Department of Community Services; Re Sophie [2008] NSWSC 1239

HEARING DATE(S) : 30 October 08 JURISDICTION : Equity Division Duty List

JUDGMENT OF : Brereton J

EX TEMPORE JUDGMENT DATE : 30 October 2008

DECISION : Orders restraining defendant from leaving Australia set aside. Plaintiff directed to amend summons joining mother and child as second and third defendants.

CATCHWORDS : CHILDREN – INJUNCTIONS – extra-territoriality – parens patriae jurisdiction – application to amend summons claiming mandatory injunction ordering father to return to Australia – where Department of Community Services has parental responsibility for child – where father ordered by Children's Court not to have contact with child – where mother and daughter have left Australia and not returned – where father has also left Australia – where father ordered by this Court not to leave Australia on day of his departure, but not notified in time – whether order prohibiting father's leaving of Australia should be set aside – whether father should be ordered to return to Australia – whether child should be ordered back to Australia

LEGISLATION CITED : (NSW) Children and Young Persons (Care and Protection) Act 1998, s 29

CATEGORY : Procedural and other rulings

Ainstis v Ainstis [1999] FamCA 841; (1999) 152 FLR 447; (1999) 26 Fam LR 548 CASES CITED : Director-General of Department of Community Services; Re Sophie [2008] NSWCA 250 McM v C No 2 [1980] 1 NSWLR 27

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