Kestle, Susan v the Director of the Department of Family and Community Services [2012] NSWChC 2

Children's Court New South Wales

Medium Neutral Citation: Kestle, Susan v the Director of the Department of Family and Community Services [2012] NSWChC 2 Hearing dates: 25 January 2012 Decision date: 06 February 2012 Before: Judge Mark Marien SC, President Decision: Application for leave to rescind current orders and restore children to mother refused; Application for leave to vary current orders to include orders for parental contact under s 86 of the Care Act granted. Catchwords: CHILDREN - care proceedings - application for s 90 leave - relevance of arguable case for leave - consideration of Statement of Wishes by children - consideration of paramountcy principle in leave applications - discretion to restrict grant of leave to particular issue or issues - s 94(4) and granting of adjournments Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 Uniform Civil Procedure Rules 2005 Interpretation Act 1987 Cases Cited: Campbell [2011] NSWSC 761 S v Department of Community Services [2002] NSWCA 151 Re Saunders and Morgan & Anor v Department of Community Services, 12/12/2008, NSWDC, unreported; [2008] CLN 10 Re Tina [2002] CLN 6 In the matter of Troy [2010] CLN 2 Jasper [2006] CLN 2 Re Tracey [2011] NSWCA 43 Category: Interlocutory applications Parties: Ms Susan Kestle Director of the Department of Family and Community Services Representation: Ms Goodchild on behalf of the mother, Ms Susan Kestle Ms Peters appeared on behalf of the Director General Mr Whelan appeared on behalf of the father, Mr Peter Emerton Ms Rowley appeared as direct legal representative of the child Darren Ms Wells appeared as direct legal representative of the child Nicholas Ms Renshaw appeared as the independent legal representative of the child Bethany File Number(s): 218-220/06