DFaCS (NSW) re Day [2012] NSWChC 14

Children's Court New South Wales

Medium Neutral Citation: DFaCS (NSW) re Day [2012] NSWChC 14 Hearing dates: 6, 7, 8, 9 and 10 August 2012 at Gosford Decision date: 28 September 2012 Jurisdiction: Care and protection Before: Judge Peter Johnstone, President of the Children's Court of New South Wales Decision: Parental responsibility to the Minister Permanency planning approved Catchwords: CHILDREN - Care and Protection - children in need of care and protection - permanency planning and contact Legislation Cited: Children and Young Persons (Care and Protection Act) 1998 Cases Cited: Briginshaw v Briginshaw [1938] HCA 34 Director General of Department of Community Services; Re "Sophie" [2008] NSWCA 250 Johnson v Page [2007] Fam CA 1235 M v M [1988] HCA 68 Re Kerry (No 2) [2012] NSWCA 127 The Department of Community Services v "Rachel Grant", "Tracy Reid", "Sharon Reid and "Frank Reid" [2010] CLN 1 Category: Principal judgment Parties: Debbie Day (Mother) Aaron Barrio (Father of Tammy) Wayne Fowler (Father of Tim) Noel Day (Maternal Uncle) Department of Family and Human Services (NSW) Representation: Ms N Hailstone, Crown Solicitor's Office, for the Department Mr M Anderson of counsel (Department) Ms K Smith, solicitor (Children) Ms E Moran, solicitor (Debbie Day) Ms N Adams, solicitor (Aaron Barrio) Mr P Grant, solicitor (Wayne Fowler) Mr D Chapman, solicitor (Noel Day) File Number(s): 2011/127, 2011/128 and 2012/93 Publication restriction: Pseudonyms have been used in order to anonymise the children and parties