Re Julia [2010] NSWSC 1373

New South Wales Supreme Court

CITATION : Re Julia [2010] NSWSC 1373

HEARING DATE(S) : 19 November 2010

JUDGMENT DATE : 19 November 2010

JURISDICTION : Equity

JUDGMENT OF : White J

EX TEMPORE JUDGMENT DATE : 19 November 2010

DECISION : Refer to paras 30 and 31 of judgment.

CATCHWORDS : CHILD WELFARE – application to strike out proceedings brought by father of child – – whether court's parens patriae jurisdiction invoked – where final care orders made in respect of allocation of parental responsibility for child – where father seeks sole parental responsibility or contact orders – where significant change in relevant circumstances since final care orders made – where remedies available in Children's Court for father to rescind or vary care orders

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

CATEGORY : Principal judgment

CASES CITED : Re Elizabeth [2007] NSWSC 729

PARTIES : Plaintiff: Father of "Julia" Defendant: Community Services Department of Human Services

FILE NUMBER(S) : SC 2010/315631

COUNSEL : Plaintiff: in person Defendant: G Mahony

SOLICITORS : Plaintiff: n/a Defendant: I V Knight, Crown Solicitor

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION DUTY JUDGE'S LIST

WHITE J

Friday, 19 November 2010

2010/315631 Re Julia JUDGMENT 1 HIS HONOUR: I direct that the child the subject of these proceedings be known by the pseudonym "Julia" and these proceedings be known as Re Julia. I order that publication of any information that will tend to reveal the identity of the child be prohibited. In the reasons which follow, I will refer to the child by the pseudonym "Julia". 2 By notice of motion filed on 29 October 2010 the defendant, being the Director-General of the Department of Human Services (formerly the Department of Community Services), seeks orders in substance that these proceedings be summarily dismissed. The proceedings are brought by the father of the child known as Julia. 3 Julia was born in September 2005. Hence she is presently five years old. When Julia was nine days old the Director-General assumed the care responsibility for her pursuant to an order signed by the Director-General under s 44 of the Children and Young Persons (Care and Protection) Act 1998. The Director-General did so on the ground of suspicion that the child was at risk of serious harm. 4 On 5 October 2005 the Director-General filed a care application in the Children's Court. An interim order was made allocating parental responsibility for the child to the Minister for Community Services. Julia was placed in the care of authorised foster carers. 5 On 26 April 2006 final care orders were made in the Children's Court allocating parental responsibility for Julia. Order 1 provided that pursuant to s 79(1)(b) of the Act parental responsibility for Julia was allocated to the Minister until she attains the age of 18 years. Orders 2 provided that parental responsibility in relation to contact with Julia's mother be exercised jointly between Julia's paternal aunt and paternal uncle and the Minister until she attains the age of 18. An order in the same terms was made in respect of parental responsibility for Julia's contact with her father, but limited for a period of 12 months (order 3). 6 Order 4 provides, in effect, that after 12 months, that is, from 26 April 2007, parental responsibility in relation to contact with the father became the sole responsibility of Julia's paternal aunt and uncle until she attains the age of 18. Order 5 provided for the joint exercise of parental responsibility between Julia's father and Julia's paternal aunt and uncle in responsibility to religion or culture until she attains the age of 18. 7 Order 6 was purportedly made under s 81(1)(a) and provided that: " all other aspects of parental responsibility, including residence, day-to-day care, medical treatment and education is to be the sole responsibility of [Julia's paternal aunt and uncle] until [Julia] attains the age of 18 years. "