DFaCS (NSW) re Oscar [2013] NSWChC 1

Children's Court New South Wales

Medium Neutral Citation: DFaCS (NSW) re Oscar [2013] NSWChC 1 Hearing dates: 10, 11, 12, 13, and 14 December 2012 at Parramatta and 21, 22, 23, 24, 25, 29, 30, and 31 January, 1, 4, 6, and 7 February 2013 at Burwood Decision date: 18 February 2013 Jurisdiction: Care and protection Before: Judge Peter Johnstone, President of the Children's Court of New South Wales Decision: There is no realistic possibility of restoration to the father. There is a realistic possibility of restoration to the mother. The permanency planning for the children has been appropriately and adequately addressed. Catchwords: CHILDREN - Care and Protection - parental responsibility - permanency planning - realistic possibility of restoration - contact Legislation Cited: Children and Young Persons (Care and Protection Act) 1998 Cases Cited: DFaCS (NSW) re Amanda & Tony [2012] ChC 13 Briginshaw v Briginshaw [1938] HCA 34 Director-General of Department of Community Services; Re "Sophie" [2008] NSWCA 250 In the matter of Campbell [2011] NSWSC 761 Johnson v Page [2007] Fam CA 1235. M v M [1988] HCA 68 Re Tracey [2011] NSWCA 43 The Department of Community Services v "Rachel Grant", "Tracy Reid", "Sharon Reid and "Frank Reid" [2010] CLN 1 Category: Principal judgment Parties: Department of Family and Community Services (DFaCS) The Mother The Father The Children: Oscar, Paul, Hannah and Irene Representation: Ms Hartstein of counsel (Department) Mr McLachlan, solicitor (Mother) The Father (In person) Mr Samuel, solicitor (Oscar) Ms Leis of counsel (Paul) Ms Rutkowska, solicitor (Hannah and Irene) Ms J Wong, solicitor, CSO, instructing Ms Hartstein Mr M Whelan, solicitor, instructing Ms Leis File Number(s): 2011/67-70 Publication restriction: Pseudonyms have been used in order to anonymise the children and parties.