Re: Elizabeth [2011] NSWDC 245

District Court New South Wales

Medium Neutral Citation: Re: Elizabeth [2011] NSWDC 245 Hearing dates: 8, 10, 11, 12, 15, 16, 17, 18 August 2011 Decision date: 21 September 2011 Before: Letherbarrow SC DCJ Decision: Summons dismissed Catchwords: CHILDREN AND YOUNG PERSONS - Children and Young Persons (Care and Protection Act) 1998 (NSW) - mother's appeal pursuant to s 91 - safety, welfare and wellbeing of the child - burden of proof - is Act premised on goal of keeping families together - realistic possibility of restoration - use of the United Nations Convention on the Rights of the Child s 90(6) considerations - age of the child - length of time in care of present care givers - wishes of the child - attachment issues - adequate standard of care - risk of psychological harm - consideration of care plan - leave to vary current parental responsibility order - mother's summons dismissed Legislation Cited: Children and Young Persons (Care and Protection) Act 1998, Criminal Code Act, 1995 Supreme Court Act, 1970 Cases Cited: Re Sophie (No 2) [2009] NSWCA 89, M v M [1988] HCA68; 166 CLR 69, L v District Court of New South Wales [2011] NSWCA 43, Director-General Department of Community Services v D [2007] NSWSC 762, In the matter of Campbell [2011] NSWSC 761, Re Tracey [2011] NSWCA 43, Re an Infant K (1973) 1NSWLR 311, Rice and Asplund (1979) FLC¶ 90 - 725, Re Saunders and Morgan & Anor v Department of Community Services (12/12/2008, NSWDC, unreported, Johnston DCJ) Texts Cited: UN General Assembly, Convention of the Rights of the Child, 20 November 1989, United Nations, Treaty Series, vol. 1577, p. 3, available at: HYPERLINK "http://www.unhcr.org/refworld/docid/3ae6b38f0.html" http://www.unhcr.org/refworld/docid/3ae6b38f0.html [accessed 18 January 2013] Category: Principal judgment Parties: Suppression of the parties' details. Suppression of details of solicitors acting for parties. Representation: Suppression of the parties' details. Suppression of details of solicitors acting for parties. Suppression of the parties' details. Suppression of details of solicitors acting for parties. File Number(s): 2009/335531 Publication restriction: Suppression of the parties' details. Suppression of details of solicitors acting for parties.