DFaCS (NSW) re Carl [2013] NSWChC 2

Children's Court New South Wales

Medium Neutral Citation: DFaCS (NSW) re Carl [2013] NSWChC 2 Hearing dates: 20 December 2012 and 14 February 2013 Decision date: 26 February 2013 Jurisdiction: Care and protection Before: Magistrate Keogh Decision: There is no realistic possibility of restoration to the mother. The permanency planning for the child 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: SB v Parramatta Children's Court [2007] NSWSC 1297 Category: Principal judgment Parties: Department of Family and Community Services (DFaCS) The Mother (Carl) The Child Representation: Ms Muggenthaler, solicitor (Department) Ms Leis, of counsel (Mother) Ms Miller, solicitor (Carl) Ms Mahony, solicitor instructing Ms Leis File Number(s): 156/2012 Publication restriction: Pseudonyms have been used in order to anonymise the child and parties.

Judgment 1This application concerns Carl who was born on the 4 March 2012 and removed from his mother's care at the end of March 2012 whilst he was still in hospital. 2The Director-General has assessed that there is no realistic possibility of restoration of Carl to his mother and seeks the same determination from the Court. 3The mother seeks Carl's restoration. 4The father has not engaged in these proceedings. 5The Child's independent legal representative agrees with the Director-General's assessment and submits that the Department has found a suitable carer in whose care Carl should remain.