Re Linda [2011] NSWSC 1596

Supreme Court New South Wales

Medium Neutral Citation: Re Linda [2011] NSWSC 1596 Hearing dates: 16, 17,18 May 2011 10, 11 August 2011 Decision date: 20 December 2011 Before: McCallum J Decision: Parenting orders made substantially as sought by the Mother Catchwords: FAMILY LAW AND CHILD WELFARE - claim by mother invoking parens patriae and supervisory jurisdiction of Supreme Court after Director-General of Community Services assumed care responsibility of child - proceedings commenced on same day as care proceedings in the Children's Court - error in Children's Court proceedings conceded - exceptional circumstances established such as to warrant Supreme Court not following usual approach of declining to exercise jurisdiction pending determination of care proceedings - likelihood of multiple further proceedings if mother's claim not heard in the Supreme Court - request for Supreme Court to cross-vest jurisdiction under Family Law Act 1975 - jurisdiction cross-vested - parenting orders made Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 Family Law Act 1975 (Cth) Family Law Amendment (Shared Parental Responsibility) Act 2006 Family Law Regulations 1984 Mental Health Act 2007 Cases Cited: Cowley & Mendoza [2010] FamCA 597; (2010) 43 FamLR 435 Director-General, Department of Community Services; re Jules [2008] NSWSC 1193; (2008) 40 FamLR 122 Goode v Goode [2006] FamCA 1346; (2006) 206 FLR 212; (2006) FLC 93-286 McCall & Clark [2009] FamCAFC 92; (2009) 41 Fam LR 483 Re: Georgia and Luke [2008] NSWSC 1277 Wilson v Department of Human Services - re Anna [2010] NSWSC 1489 Re Victoria [2002] NSWSC 647; (2002) 29 Fam LR 157 Rice & Asplund 6 FAMLR 570 Starr & Duggan [2009] FamCAFC 115 Category: Principal judgment Parties: Mother of Linda (plaintiff/applicant) Director-General, Dept of Family & Community Services (first defendant/ intervenor) Father of Linda (second defendant/ respondent) Independent Children's lawyer (child) Representation: M Graham (plaintiff/applicant) G Moore (first defendant/ intervenor) D Burns and later A Mooney (second defendant/respondent) M Neville (child) Hunter Family Law Centre (plaintiff/applicant) Crown Solicitor's Office (first defendant/ intervenor) Rod Powe Lawyers (second defendant/respondent) Legal Aid (child) File Number(s): 2010/415007 Publication restriction: None