MXS v Department of Family and Human Services (NSW) [2012] NSWDC 63

District Court New South Wales

Medium Neutral Citation: MXS v Department of Family and Human Services (NSW) [2012] NSWDC 63 Hearing dates: 5, 6, 7, 8, 9, 12 and 14 March 2012 Decision date: 23 March 2012 Before: Judge Peter Johnstone Decision: Appeals dismissed and all other applications refused. The orders of the Children's Court are confirmed Catchwords: CHILDREN - Care Appeals - plaintiffs seeking restoration of two children to their care - whether children in need of care and protection - whether there is a realistic prospect of restoration - if not, with whom should each child be placed Legislation Cited: Children and Young Persons (Care and Protection Act) 1998 Cases Cited: Allesch v Maunz (2000) 203 CLR 172 Briginshaw v Briginshaw [1938] HCA 34 Director General of Department of Community Services; Re "Sophie" [2008] NSWCA 250 Druett v Director-General of Community Services [2001] NSWCA 126 Gianoutsos v Glykis [2006] NSWCCA 137 In the matter of Campbell [2011] NSWSC 761 Johnson v Page [2007] Fam CA 1235 M v M [1988] HCA 68 Re Alistair [2006] NSWSC 411 Re Louise and Belinda [2009] NSWSC 534 Re Tracey [2011] NSWCA 43 SB v Parramatta Children's Court [2007] NSWSC 1297 SS v Department of Human Services (NSW) [2010] NSWDC 279 T v H [1985] NSWSC Unreported, 19/12/1985, per Hodgson J The Department of Community Services v "Rachel Grant", "Tracy Reid", "Sharon Reid and "Frank Reid" [2010] CLN 1 Category: Principal judgment Parties: Katie Smith (Independent Legal Representative for the children, RL and WB) MXS (Mother) MS (Father of WB) JK (Father of RL) Department of Family and Human Services (NSW) SS (Maternal Grandmother) JH (Maternal Grandfather) Representation: Ms Katie Smith, Solicitor (Children) Mr M Anderson of counsel (Department) Mrs I Ryan of counsel (Mother) Mr MS (Self-represented) Mr Chapman, solicitor (Mr JK) Mr D Barry of counsel (Maternal Grandparents) Mr Paul Grant, Solicitor (Mother) Crown Solicitor's Office (Department) File Number(s): 2011/ 86120 and 2012/50644 Publication restriction: No