Department of Family and Community Services v KR [2012] NSWChC 8

Children's Court New South Wales

Medium Neutral Citation: Department of Family and Community Services v KR [2012] NSWChC 8 Hearing dates: 20 March 2012 Decision date: 30 March 2012 Jurisdiction: Care and protection Before: Magistrate T. Tsavdaridis Decision: The mother's application for leave under s 90 of Children and Young Persons (Care and Protection) Act 1998 (NSW) is refused. Catchwords: Children and young persons - Children and Young Persons (Care and Protection) Act 1998 (NSW) - Mother's application for leave under s 90 to pursue unsupervised contact orders of greater frequency under s 86 - whether significant change in any relevant circumstances between date of hearing and date orders last varied - application refused Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW); sections 86, 90, 91 Cases Cited: S v Department of Community Services [2002] NSWCA 151 Re Tracey [2011] NSWCA 43 Re Elizabeth (21.9.2011, NSWDC, unreported, per Letherbarrow SC DCJ) Jasper [2006] CLN 2 (per Mitchell CM) In the matter of Campbell [2011] NSWSC 761 In the matter of OM, ZM, BM and PM [2002] CLN 4 Category: Principal judgment Parties: KL (Mother) Director-General, Department of Family and Community Services CH (Foster Carer) KR (Child) Representation: Ms L Goodchild (Counsel for the mother) Mr M Anderson (Counsel for the Department) Ms K Renshall (Solicitor for the foster carer) Mr R Clarke (Independent Legal Representative the child) File Number(s): 626/08-003 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who is reasonably likely to involved or mentioned in Children's Court or non-Court proceedings in any capacity must not be published or broadcast in any form that may be accessible by a person in New South Wales whether the publication or broadcast occurs before any proceedings have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.