Director of Family and Community Services v Jack [2012] NSWChC 7

Children's Court New South Wales

Medium Neutral Citation: Director of Family and Community Services v Jack [2012] NSWChC 7 Hearing dates: 29 February and 13 March 2012 Decision date: 13 April 2012 Jurisdiction: Care and protection Before: Magistrate Christopher Bone Decision: Parental responsibility for the child allocated to the Minister until the child reaches the age of eighteen years. Catchwords: CHILDREN - parental responsibility - realistic possibility - undertakings by father - criminal history of father - history of drug use by parents - child witness to violence - indications of neglect - likelihood that basic needs not being met - likely to suffer harm in the domestic environment - long-term placement with Aboriginal carer proposed - ss 9 and 79 of Care Act Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 Child Welfare Act 1939 Cases Cited: Re Leonard [2009] CLN 2 FaCS v Grant & ors (2009) CLN 10 L v Director of Family Services (1997) 22 FAM LR 275 CD v Chief Executive (2000) 27 FAM LR 19 Ex Parte Minister for Child Welfare: Re Hancock & Anor [1968] 86 WN (Pt 2) NSW 371; (1968) 1 NSWR 26 Re Saunders and Morgan & Anor v FaCS (2008) CLN 10 Category: Principal judgment Parties: The Director of Family and Community Services Mr Walker (the father) Ms Smythe (the mother) Jack (the child) Representation: Mr M.J Bartlett for FaCS (applicant) Mr Couchman on behalf of the mother Ms J Heinz on behalf of the father Mr M.P. Fitzgerald for the child File Number(s): 7b/11 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who is reasonably likely to involved or mentioned in Children's Court or non-Court proceedings in any capacity must not be published or broadcast in any form that may be accessible by a person in New South Wales whether the publication or broadcast occurs before any proceedings have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.