Re Bethany [2012] NSWChC 4

Children's Court New South Wales

Medium Neutral Citation: Re Bethany [2012] NSWChC 4 Hearing dates: 29 February, 2 & 5 March 2012 Decision date: 12 March 2012 Jurisdiction: Care and protection Before: Magistrate Graham Blewitt AM Decision: Section 90 application by father dismissed; previous order of Campbelltown Children's Court rescinded; parental responsibility for residence of child allocated to carers; parental responsibility for education, training, religious upbringing and medication treatment of child shared; parental responsibility for contact between father and child allocated to carers; orders made for minimum contact. Catchwords: CHILDREN - intention of department to place the child with the father - application by father for parental responsiblity - application by foster carers for parental responsibility - strong attachment to carers - potential for child to suffer psychological harm if removed from carers - application to rescind orders - best interests of child - contact orders Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 United Nations Convention on the Rights of the Child Cases Cited: Re K (a minor) reported at [1990] 3 All ER 794 Category: Principal judgment Parties: The Department of Family and Community Services Mr Mitchell Irvine (father) Mr and Mrs Meeks (carers) Bethany (the child) Representation: Ms Renshaw for the applicant, carers Mr Hosking as agent for Ms Stanford for the father Mr Dawson for the Director-General Ms Rutkowska for the child File Number(s): 60/2011 Publication restriction: Any information that names or is likely to lead to the identification of a child or young person who is reasonably likely to involved or mentioned in Children's Court or non-Court proceedings in any capacity must not be published or broadcast in any form that may be accessible by a person in New South Wales whether the publication or broadcast occurs before any proceedings have commenced, during the proceedings or after they are disposed of. This prohibition applies until the child or young person turns 25 years of age or dies.